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Former House Speaker Newt Gingrich (R-GA) blames the recent high school shootings at Columbine High School in Littleton, Colorado, on the “liberal elite.” In a speech to a woman’s organization, Gingrich says, “I want to say to the elite in this country—the elite news media, the liberal academic elite, the liberal political elite—I accuse you in Littleton and I accuse you in Kosovo of being afraid to talk about the mess you have made, and being afraid for taking responsibility for the things you have done.” The Columbine shooting took place in part because Democrats have taken prayer and God out of the classroom, Gingrich says. [CNN, 5/12/1999]
William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), acquires the largest white power music distributor in the US and renames it Resistance Records (see Late 1993). Some older Alliance members question the wisdom of spending large amount of funds on a white power music label that markets “skinhead” heavy metal and other musical products; Pierce reassures them that the purchase will not only prove to be a valuable way to reach younger potential members, but will generate funds for the organization, saying, “As Resistance Records regains strength, that acquisition should add an increasing number of younger members, in the 18-25 age range, to our ranks.” Pierce is right on both counts. Also, the acquisition brings Pierce closer to the German neo-Nazi party, the National Democratic Party of Germany (NDP). [Center for New Community, 8/2002 ]
Greater Ministries International Church (GMIC) logo. [Source: GMIC / Rick Ross]US marshals in Tampa, Florida, seize the headquarters of the Greater Ministries International Church (GMIC). The church is at the center of a lengthy investigation into a massive “Patriot movement” fraud scheme; federal authorities have already indicted several church principals. [Southern Poverty Law Center, 6/2001] Five leaders of the GMIC will later be convicted of multiple charges and sentenced to lengthy prison terms. The GMIC scheme, which prosecutors call an enormous “Ponzi scheme,” garnered some $500 million from 18,000 Christian investors who believed the GMIC assurances that God would double their money. In late 2001, Gerald Payne, the leader of the scam, will be sentenced to 27 years for his conviction on 19 counts of fraud, conspiracy, money-laundering, and related charges. His wife, Betty Payne, will receive 12 years and seven months. (Judge James Whittemore will give her a lengthier sentence than he had first planned after she announces in court that the trial violates her and her husband’s constitutional rights, and because they were led by the Holy Spirit, she and her husband broke no laws.) Patrick Henry Talbert, who taught church-sponsored antigovernment legal seminars and claimed to be a “sovereign citizen” not subject to US law (see Fall 2010), will get nearly 20 years tacked onto the 10-year term he is serving on unrelated state charges. Eudon “Don” Hall, a flamboyant evangelist for GMIC’s “Faith Promises” program, will be given almost 20 years. David Whitfield, the financial and computer manager for GMIC, will attempt to deny involvement and knowledge of the scam, but will be proven a liar by testimony from an IRS agent that shows he knows where more than $1 million of the stolen funds is hidden in Mexico. Whittemore will sentence Whitfield to 19 years, warning him that if a Mexican cache is found and connected to him, he could face additional charges. Two other GMIC defendants, Andrew Krishak and James Chambers, will plead guilty and cooperate with authorities, receiving significantly lesser sentences. [Southern Poverty Law Center, 6/2001; Christianity Today, 10/1/2001]
Pyrotechnic CS gas canisters. [Source: Law Enforcement Equipment Distribution]According to newly presented documents, the FBI used two or three pyrotechnic tear gas canisters during the raid on the Branch Davidian compound near Waco, Texas (see April 19, 1993). The documents contradict earlier FBI and Justice Department claims that law enforcement officials did nothing that could have contributed to the fire that killed over 80 sect members. Former senior FBI official Danny Coulson begins the revelations by admitting to the Dallas Morning News that the FBI had indeed used pyrotechnic grenades, though he says the grenades did not start the fires that consumed the building. Texas Department of Public Safety Commission Chairman James Francis says the Texas Rangers have “overwhelming evidence” supporting Coulson’s statement. “There are written reports by Rangers, there is photographic evidence, there is physical evidence, all three of which are problematic,” Francis says. Coulson, the founder of the FBI’s Hostage Rescue Team and a former assistant deputy director, says that two M651 CS tear gas grenades were fired into the building, but they were fired hours before the blazes erupted. Attorney General Janet Reno, who tells reporters she knew nothing of the grenade usage and is “very, very frustrated” at the knowledge, appoints former Senator John C. Danforth (R-MO) as the head of an investigatory commission (see September 7-8, 1999); Danforth will find that, regardless of the use of the pyrotechnic gas canisters, law enforcement officials were not responsible for the fire, and neither the FBI nor the Justice Department tried to cover up any actions (see July 21, 2000). [PBS Frontline, 10/1995; Dallas Morning News, 8/25/1999; Salon, 9/9/1999] The military M651 canisters, which burn for about 30 seconds to heat and release the solidified tear gas inside, were fired from a Bradley fighting vehicle at a bunker near the main building (see September 3, 1999). After the assault, a Texas Ranger found a spent 40mm gas canister shell lying on the ground and asked a nearby FBI agent, “What’s this?” The agent promised to find out, but never returned with an answer; the shell went into evidence containers (see August 10, 1999 and After). Two weeks after the FBI acknowledges the use of incendiary gas canisters at the Waco assault, Reno testifies on the matter to the House Judiciary Committee. She says that, based on the briefings she had been given (see April 17-18, 1993), “It was my understanding that the tear gas produced no risk of fire.… That fire was set by David Koresh and the people in that building.” After her testimony, Senate Majority Leader Trent Lott (R-MS) calls on Reno to resign. [Newsweek, 9/6/1999; Associated Press, 9/10/1999] FBI agent Byron Sage, the chief negotiator during the Davidian standoff, will say in 2003 that the incendiary gas canisters could not have set the fires. “This is the critical point, the M651 rounds were never directed towards the wooden structure,” he will say. “They were used in an area yards away from the building. Also, they were used earlier in the day. The fire didn’t start until four hours later. They had absolutely nothing to do with that fire.” Sage will say that the canisters were fired only at a construction pit near the compound where other gas-discharging devices had been smothered in mud. The pit was targeted because some Davidian gunfire during the ATF raid had come from that area, he will say. [Waco Tribune-Herald, 3/16/2003] Charles Cutshaw, an editor of Jane’s Defense Information and an expert on this kind of weapon, says these military tear gas cartridges are not intended to start fires. He says he knows of no studies or reports on how often such cartridges may have caused fires. [Washington Post, 9/4/1999] Shortly after the admission, federal prosecutor Bill Johnston, one of the lawyers for the government in the wrongful-death lawsuit filed by surviving Davidians (see April 1995), informs Reno that government lawyers had known for years about the use of pyrotechnic tear-gas rounds (see August 30, 1999). Johnston will be removed from the lawsuit and replaced by US Attorney Michael Bradford. [Fort Worth Star-Telegram, 7/21/2000] He will also plead guilty to concealing evidence from investigators concerning the canisters (see November 9, 2000).
Entity Tags: FBI Hostage Rescue Team, Bill Johnston, Danny Coulson, Byron Sage, Branch Davidians, Federal Bureau of Investigation, James B. Francis Jr, Trent Lott, Janet Reno, US Department of Justice, John C. Danforth, Texas Rangers, Charles Cutshaw, Michael Bradford
Timeline Tags: 1993 Branch Davidian Crisis
Joseph Farah, the publisher of the right-wing news blog WorldNetDaily, blasts the FBI for issuing its “Project Megiddo” report, which warns of possible domestic terror activities centering on the transition into the “new millennium” at year’s end (see October 20, 1999). Farah calls the report “more than slanderous, bigoted, and inciteful,” and accuses the FBI of “set[ting] up a system of self-fulfilling prophecies that permits the government to scapegoat groups of people who are enticed into committing illegal acts or conspiring about them by agents provocateur.” Farah claims that his assertions are proven by his belief that the federal government carried out the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) to discredit the far right. “Remember this the next time you hear about a so-called ‘terrorist incident,’” Farah concludes. “And, tell your representatives and senators it’s time to rein in the mad bombers and provocateurs in our own government.” [WorldNetDaily, 12/9/1999]
Richard Butler, the leader of the white supremacist organization Aryan Nations (see Early 1970s), is quoted in the Spokane Statesman-Review as saying: “The white man is now on trial. Hate laws are against him. No hate laws can be applied to a nonwhite. That makes the white man a third-class citizen, in my mind.” [Southern Poverty Law Center, 2010]
Craig Rosebraugh, the public spokesman for the Earth Liberation Front (ELF—see 1997), launches an official Web site for ELF along with Animal Liberation Front (ALF—see 1976) member Darren Thurston. Rosebraugh writes that the site is intended to “educate both the general public and the media on the ELF and actions that the group has taken in defense of the earth.” After the terrorist attacks of September 11, 2001, the site proclaims: “In light of the events on September 11, my country has told me that I should not cooperate with terrorists. I therefore am refusing to cooperate with members of Congress who are some of the most extreme terrorists in history.” Rosebraugh will echo these words in February 2002 when, after resigning his position when his house is raided by federal agents, he is compelled to testify before a House subcommittee. He does, however, answer some written questions; asked if he fears an ELF action might one day kill someone, Rosebraugh responds: “No. I am more concerned with massive numbers of people dying at the hands of greedy capitalists if such actions are not taken.” [Southern Poverty Law Center, 9/2002; Anti-Defamation League, 2005]
Sarah Palin, after a tumultuous first term as mayor of Wasilla (see Late 1996 - 1999), easily beats her opponent, former mayor John C. Stein, 909-292. (The election was actually held on October 5, 1999, but Palin does not officially begin her second term until early in 2000.) One of her second-term campaign promises is to cut spending by cutting her own salary; she indeed cuts her salary from $68,000 to $64,000, but adds a new employee, city administrator John Cramer, to the payroll, dramatically increasing expenditures. Cramer has close ties to powerful Republican lawmaker Lyda Green, and Green endorsed Palin for the mayorality, though she will withdraw that support when Palin later runs for governor. Ironically, Cramer works to ease tensions in Wasilla during Palin’s second and final term. Palin’s deputy mayor Dave Chappel will later say: “When I first met Sarah, I would say Sarah was a Republican, with the big R, and that’s it. As she developed politically, she began to see beyond the R and look at the whole picture. She matured.” Palin also hires a lobbyist to represent Wasilla in the nation’s capital (see 2000). She fires Cramer as one of her final acts as mayor in 2002. When her stepmother-in-law, Faye Palin, declares her candidacy to succeed her daughter-in-law, Palin, citing Faye Palin’s support for abortion rights and her status as unaffiliated (i.e. not a Republican), refuses to support her, instead throwing her support to council ally and religious conservative Dianne Keller. [City of Wasilla, 10/5/1999; Anchorage Daily News, 10/23/2006; New York Times, 9/2/2008; Seattle Times, 9/7/2008] A former city council member will later recall the 2002 Keller-Palin election as contentious, largely because of the controversy over abortion; “People were writing BABYKILLER on Faye’s campaign signs just a few days before the election,” the council member will recall. [Time, 9/2/2008]
Leaves Wasilla with Increased Taxation, Large Debt - During her two terms, Palin increases general government expenditures by over a third, increases the operating budget by over a third after adjusting for inflation, increases the tax burden on Wasilla residents and businesses by 25 percent after adjusting for inflation, reduces property taxes in favor of a regressive sales tax, and while inheriting a budget with zero debt, leaves Wasilla with an indebtness of over $23 million. Keller, who will continue as mayor through 2008, will say that much of the debt and tax increases are due to Wasilla’s growth during Palin’s tenure. [St. Petersburg Times, 8/31/2008]
On to Governorship - Palin will lose her first attempt at gaining statewide office, coming in second in the 2002 Republican primary for lieutenant governor. She will not succeed in persuading Governor Frank Murkowski (R-AK) to appoint her to complete his term in the US Senate, a seat which will go to Murkowski’s daughter Lisa (R-AK) instead. In 2003, Governor Murkowski will appoint Palin to the Alaska Oil and Gas Conservation Commission. She will leave the commission in 2004 over claims that it is behaving unethically, and will defeat Murkowski in 2006, becoming governor of Alaska. [Anchorage Daily News, 9/2/2008]
Entity Tags: Steve Ellis, Sarah Palin, Lisa Murkowski, John Cramer, Lyda Green, Frank Murkowski, Alaska Oil and Gas Conservation Commission, Dave Chappel, Dianne Keller, John C. Stein, Faye Palin
Timeline Tags: 2000 Elections, Domestic Propaganda
Early in her second term as mayor of Wasilla, Alaska (see January 2000 - 2002), Sarah Palin hires a lobbyist, Steven W. Silver of Robertson, Monagle & Eastaugh. The decision to hire a lobbyist is unprecedented in the history of the town. Silver secures $26.9 million in federal funds for Wasilla, though Palin campaigned against “wasteful government spending” in her runs for mayor, and as a state and national figure will campaign against “federal earmarks” and such spending. Silver is a close political ally of US Senator Ted Stevens (R-AK). Steve Ellis of Taxpayers for Common Sense will later say: “She certainly wasn’t shy about putting the old-boy network to use to bring home millions of dollars. She’s a little more savvy to the ways of Washington than she’s let on.” [Washington Post, 9/2/2008]
Eason Jordan. [Source: Eason Jordan]The US Army’s 4th PSYOPS (Psychological Operations) Group conducts a military symposium in Arlington, Virginia; during the symposium, the unit commander, Colonel Christopher St. John, calls for “greater cooperation between the armed forces and [the nation’s] media giants.” St. John discusses at some length how Army psyops personnel have worked for CNN (see April 22, 1999) and helped that news provider produce news stories. Dutch reporter Abe De Vries finds the information through a February 17 article in an official French intelligence newsletter. Virtually no mainstream American news outlets besides the San Jose Mercury News report the story. In March, CNN senior executive Eason Jordan admits that five “interns” from an Army psyops unit functioned as “observers” in three different units of the network beginning on June 7, 1999, for several weeks at a stretch. He says: “I think they came one at a time, and they worked in three parts of the company: in our radio—and I should be clear, not work, they did not work. They did not function as journalists. They were not paid. But they were in our radio department, our satellites area and our Southeast bureau.… [T]hey should not have been here, they’re not here anymore, and they will not be here ever again.” [Democracy Now!, 3/24/2000]
The Clinton administration begins a push to fight terrorism financing by introducing a tough anti-money laundering bill. The bill faces tough opposition, mostly from Republicans and lobbyists who enjoy the anonymity of offshore banking, which would be affected by the legislation. Despite passing the House Banking Committee by a vote of 31 to 1 in July 2000, Senator Phil Gramm (R-TX) refuses to let the bill come up for a vote in his Senate Banking Committee. [Time, 10/15/2001] Other efforts begun at this time to fight terrorism financing are later stymied by the new Bush administration in February 2001.
Sam Wyly. [Source: Forbes]A group called “Republicans for Clean Air” begins running ads attacking Republican presidential candidate John McCain in New York. The ads accuse McCain of voting against alternative energy sources. At the same time, ads paid for by the campaign of Republican presidential candidate George W. Bush accuse McCain of labeling breast cancer programs as wasteful. Governor George Pataki (R-NY) accuses McCain of voting “anti-New York” in the Senate, while Representative John Sweeney (R-NY) says McCain was wrong to vote for raising heating oil taxes, a major issue in cold-weather states such as New York. [Salon, 3/2/2000] The group also runs ads in primary states claiming that Bush, as Texas governor, passed laws intended to reduce air pollution in Texas by over a quarter-million tons a year. The evidence does not support the claim; what few anti-pollution laws have taken effect in Texas were written mostly by Democratic state legislators and signed into law, often reluctantly, by Bush.
RFCA Consists of Two Texas Billionaires - An investigation by the New York Times soon proves that “Republicans for Clean Air” (RFCA) is funded by Dallas billionaire Sam Wyly, a Bush supporter, who has contributed $2.5 million to the group. Wyly and his brother Charles Wyly, also a RFCA contributor, are the co-founders of Sterling Software in Dallas. They are also owners, founders, or executives in firms that own Bonanza Steakhouse, the “Michael’s” chain of arts and craft stores, the hedge fund Maverick Capital, and more. Both are heavy Bush campaign donors, having donated over $210,000 to the Bush gubernatorial campaigns. They are apparently the only two members of the RFCA. Craig McDonald of Texans for Public Justice says of Sam Wyly: “He’s one of the elite. He’s one of the movers and shakers. He’s very big money in the state.” McCain’s campaign accuses the Bush campaign of being responsible for the advertising, and says the Bush campaign is trying to evade campaign finance laws (see February 7, 1972 and May 11, 1992). The McCain campaign complains that the Bush campaign is using unethical and possibly illegal campaign tactics to “steal” the primary election by saturating New York, California, and Ohio with anti-McCain ads just days before the primary elections in those critical states. “There is no question in our campaign’s mind that the ads are being sponsored, coordinated, and managed by the George Bush for President campaign,” says McCain’s campaign manager Rick Davis. “I think it’s incumbent on the Bush campaign to prove somehow that they are not involved in this incredible act.” Davis has no direct evidence for his claim, but cites what the Times calls “a tangle of personal, business, and political relationships between Mr. Wyly and his family and the Bush campaign to suggest that their interests were so close as to be indistinguishable.” One of those relationships cited by Davis is the fact that RFCA uses the same public relations firm, Multi Media Services Corporation, as Pataki, who chairs the Bush campaign in New York and who appears in Bush campaign ads. Bush himself denies any connection with RFCA, and says: “There is no coordination.… I had no idea the ad was going to run.” Wyly also disclaims any coordination with the Bush campaign. He says he laughed during the production of the commercials, and mused over how “surprised” the Bush campaign would be to see them on the airwaves. McCain uses the ads to draw attention to one of his favorite campaign themes, campaign finance reform. On a recent morning talk show, McCain said: “I think maybe the Bush campaign is out of money and somebody’s putting in $2 million to try to hijack the campaign here in New York. Nobody knows where it came from. [When McCain filmed the interview, Wyly’s identity had not been revealed.] We’ll probably find out, but probably too late. This is why campaign finance reform is so important.” [New York Times, 3/3/2000; New York Times, 3/4/2000; New York Times, 3/5/2000; San Jose Mercury News, 3/6/2000; Scott E. Thomas and Danny Lee McDonald, 4/2002; New York Times, 8/23/2010] The press soon learns that Charles Wyly is an official member of the Bush presidential campaign, as a “Pioneer” donor, and has contributed the maximum amount under the law. [New York Times, 3/4/2000] It also learns that RFCA’s stated address is a post office box in Virginia belonging to Lydia Meuret, a consultant who runs a political action committee headed by Representative Henry Bonilla (R-TX), a Bush ally. Meuret denies any connection between RFCA and Bonilla or Bonilla’s PAC, but admits she is a consultant to both. [New York Times, 3/3/2000]
'527' Group Operates in Campaign Finance Law 'Gray Areas' - RFCA is a “527” group (see 2000 - 2005); such groups operate in a “gray area” of campaign law, as the monies they use are not contributed directly to a candidate or a political party. However, they are banned from coordinating their efforts with candidate campaigns. Their ads must not make direct appeals to voters in support of, or opposition to, a particular candidate. If they comply with this portion of the law, the donors behind the ads, and the amounts they contribute, do not have to be identified. The law does not even require the groups to declare their existence, as was the case for a time with RFCA. The Times reports, “While some of the groups behind issue advertising are vague about their membership, Mr. Wyly’s effort was a rare instance in which commercials were aired without any hint of their origin.” Fred Wertheimer of Democracy 21, a group advocating campaign finance reform, says of so-called “issue” ads such as these: “The secrecy aspects of this are taking campaign finance problems to yet another new and dangerous level. What we’re seeing here is the use of unlimited, undisclosed money to influence a federal election, and that’s totally at odds with the whole notion of campaign finance disclosure.” [New York Times, 3/3/2000; San Jose Mercury News, 3/6/2000; New York Times, 3/29/2000; New York Times, 8/23/2010] Progressive columnist Molly Ivins calls the RFCA ads examples of “sham issue” advertisements. [San Jose Mercury News, 3/6/2000]
Bush Claims RFCA Ads Not Helpful - After Bush secures the nomination over McCain, he tells a reporter, “I don’t think these [Republicans for Clean Air] ads are particularly helpful to me.” But Slate reporter Chris Suellentrop writes: “Of course they were helpful. Otherwise Bush would have called the group and told them to call off the dogs.” [Slate, 8/25/2000]
Wyly Brothers Will Fund 2004 'Swift Boat' Campaign, Later Charged with Securities Fraud, Insider Trading - A month after the ads air, Sam Wyly says he will no longer involve himself in politics. Wyly, who says he is a staunch environmentalist, says he admires Bush’s Democratic challenger, Vice President Al Gore (whom Wyly has called a regulation-happy environmentalist, and whom Wyly has considered attacking with television ads). Of his foray into the presidential campaign, Wyly says: “I learned from it. Many of you are aware of my recent foray into presidential politics. It is to be my last.” In 2004, the Wyly brothers will be two of the primary donors behind the “Swift Boat” campaign that will slander and impugn the character and military service of presidential candidate John Kerry (D-MA). In 2010, the Wyly brothers will be charged with securities fraud and insider trading that netted them at least $581 million in illegal gains, according to the Securities and Exchange Commission. [New York Times, 4/5/2000; New York Times, 8/23/2010]
Entity Tags: George W. Bush presidential campaign 2000, Charles Wyly, Sam Wyly, George E. Pataki, Fred Wertheimer, George W. Bush, Chris Suellentrop, Rick Davis, Albert Arnold (“Al”) Gore, Jr., New York Times, John McCain, John Kerry, John E. Sweeney, John McCain presidential campaign 2000, Henry Bonilla, Lydia Meuret, Molly Ivins, Republicans for Clean Air
Timeline Tags: 2000 Elections, Civil Liberties
The New York Times publishes an unsigned editorial criticizing the recent use of campaign ads by the George W. Bush presidential campaign against Bush’s Republican rival, John McCain. “[T]he tactics being employed by supporters of George W. Bush against Senator John McCain should be of serious concern to every New Yorker in regard to the integrity of politics in this state and in regard to the nation’s inadequate campaign-finance laws,” the editorial states. It refers to a recent spate of “purportedly independent television ads” aired in New York and elsewhere by a group called “Republicans for Clean Air” (see March 2000 and After). Those ads were paid for by Texas billionaire Sam Wyly, a close political friend and donor of the Bush family. The Times does not believe the Bush campaign’s contention that the airing, and the timing, of the Wyly ads was nothing more than “a happy accident,” and calls for an investigation by the Federal Election Commission (FEC). Moreover, the ad campaign “points up a fundamental flaw in the nation’s election laws,” the Times says. The 1996 presidential campaign was marred by questionable expenditures by groups on behalf of both the Democratic and Republican campaigns. While the Clinton and Dole campaigns both disavowed any knowledge of or coordination with those groups, and the ads left out what the Times calls “the magic words ‘vote for‘… any reasonable viewer” would discern that the ads were promoting the sponsoring group’s candidate. The Times calls the practice a “subterfuge” that threatens “the integrity of future elections.” It concludes, quoting McCain: “[A]llowing wealthy individuals to flood the airwaves with ads promoting their chosen candidates in the final days of a campaign ‘distorts the process’ and gives a small class of wealthy Americans a financial license to sway close elections without being accountable to the public.… [I]n the long run, the country needs full public financing. [New York Times, 3/6/2000]
The presidential campaign of Senator John McCain (R-AZ) files a formal complaint with the Federal Election Commission (FEC) alleging improper campaign contributions by two of the biggest financial backers of McCain’s rival presidential primary contender, Governor George W. Bush (R-TX). The backers, Texas billionaires Charles and Sam Wyly, spent $2.5 million on television ads airing in New York, Ohio, and California created by a group called “Republicans for Clean Air” (RFCA—see March 2000 and After). McCain’s campaign alleges that the Bush campaign illegally coordinated its efforts with RFCA to air the ads in the days before critical primary elections. Bush has denied any knowledge of the ads, and has said his campaign had no contact with the group. McCain’s complaint notes that Charles Wyly has already contributed the maximum amount allowed by law and holds an official position in the Bush campaign. McCain says at a campaign rally in California, “We ask Governor Bush to do what he refused to do, tell his sleazy Texas buddies to stop these negative ads and take their money back to Texas where it belongs, and don’t try to corrupt American politics with your money.” The McCain campaign also files an emergency complaint with the Federal Communications Commission (FCC), which McCain oversees as chair of the Senate Commerce Committee, asserting that the advertisements violate the Communications Act by failing to properly identify the true sponsor. The FCC declines to intervene. Bush campaign spokesperson Karen Hughes says McCain’s complaints are “irresponsible” and “shameful. He should be ashamed. He has not one shred of evidence. The governor has personally said our campaign did not coordinate, our campaign knew nothing about the ad until a member of the media asked us about the ad, and Senator McCain should be ashamed of tossing around scurrilous accusations like that.” [New York Times, 3/7/2000] The FEC will vote not to investigate the complaint. [Scott E. Thomas and Danny Lee McDonald, 4/2002]
Entity Tags: John McCain presidential campaign 2000, Federal Election Commission, Federal Communications Commission, Charles Wyly, George W. Bush, John McCain, Republicans for Clean Air, George W. Bush presidential campaign 2000, Karen Hughes, Sam Wyly
Timeline Tags: 2000 Elections, Civil Liberties
During an interview about CNN allowing Army psyops personnel to serve as interns inside the network (see March 24, 2000), reporter Amy Goodman asks CNN executive Eason Jordan about the network’s practice of using retired military generals and other high-ranking officers to serve as military analysts in times of war, without balancing the generals’ perspective with commentary from peace activists and antiwar leaders. Jordan says he is not aware of any such policy at CNN; however: “In wartime, we want people who understand how wars are orchestrated. We want experts who can address those issues. And if we have not put enough peace activists on the air, that’s not because we have some policy against that.” Jordan denies that the military analysts are there to discuss policy, but merely to explicate technical issues for the audience. Liberal columnist and editor Alexander Cockburn asks a hypothetical question: if indeed the Army, for example, had mounted “an incredibly successful military penetration of CNN,” and that everything Jordan is saying is complete disinformation: “[H]ow would you disprove that? Because, after all, everything that you see on CNN would buttress that conclusion. CNN was an ardent advocate of the war [in Kosovo, and] did not give a balanced point of view. They fueled at all points the Pentagon, State Department, White House approach to the war. I think you could demonstrate that far beyond the confines of your program, and it’s been done by a number of people. I’m just saying that if you looked at it objectively from afar, actually what you could see is evidence of an enormously successful PSYOPS operation. So, in a way, the burden is far more on CNN to disprove what you could conclude was a successful operation.… CNN, as an outlet, both in Iraq and now, is, to my view of thinking, devotes about 95 percent of its time in times of war to putting the US government point of view.” Jordan calls Cockburn’s hypothesizing “ridiculous.” [Democracy Now!, 3/24/2000]
CNN logo. [Source: CNN]After the San Jose Mercury News reports on a February symposium where the commander of an Army psyops (psychological operations) unit discussed how Army psyops personnel have worked closely with the US news network CNN (see Early February, 2000), journalist Amy Goodman discusses the issue with three guests: Dutch journalist Abe De Vries, who first broke the story; liberal columnist Alexander Cockburn, who wrote about it in the Mercury News and in his own publication, Counterpunch; and CNN senior executive Eason Jordan. De Vries says he originally read of the symposium in a newsletter published by a French intelligence organization, and confirmed it with Army spokespersons. Cockburn says that after he wrote about it in his publication, he was contacted by an “indignant” Jordan, who called the story “a terrible slur on the good name of CNN and on the quality of its news gathering.” Cockburn says that he, too, confirmed that Army psyops personnel—“interns,” Jordan told Cockburn—worked for several weeks at CNN, but the network “maintains stoutly, of course, that these interns, you know, they just were there making coffee or looking around, and they had no role in actually making news.” Goodman asks Jordan about the story, and he insists that the Army personnel were nothing more than unpaid interns who “functioned as observers” and were “always under CNN supervision. They did not decide what we would report, how we would report it, when we would report something.…[T]hey had no role whatsoever in our Kosovo coverage and, in fact, had no role whatsoever in any of our coverage.” Jordan says that allowing them into CNN was a mistake that the network will not repeat. Jordan says that the psyops personnel merely wanted “to see how CNN functioned, as a lot of people from around the world do. We have observers here from all over the world.” He insists that no one in his division—news gathering—knew about the psyops personnel serving as interns until the program was well underway, and that once they found out about it, they brought it to a halt “within a matter of days.” Cockburn points out that from De Vries’s reporting, the Army was “obviously pleased” by their ability to insert personnel inside one of the nation’s largest news organizations. Cockburn says that it isn’t a matter of the Army personnel conducting some sort of “spy novel” operation inside CNN, but a matter of building relationships: “[T]he question is really, you know, the way these things work. If people come to an office, and they make friends at the office, then the next time they want to know something, they know someone they can call up. A relationship is a much more subtle thing than someone suddenly running in and writing [CNN correspondent Christiane] Amanpour’s copy for her.” Jordan says the entire idea of the US military influencing news coverage is “nonsense” (see April 20, 2008 and Early 2002 and Beyond). Goodman counters with a quote from an Army psyops training manual: “Capture their minds, and their hearts and souls will follow.… Psychological operations, or PSYOP, are planned operations to convey selected information and indicators to audiences to influence their emotions, motives, objective reasoning and ultimately the behavior of organizations, groups and individuals. Used in all aspects of war, it’s a weapon whose effectiveness is limited only by the ingenuity of the commander using it. A proven winner in combat and peacetime, PSYOP is one of the oldest weapons in the arsenal of man. It’s an important force, protector, combat multiplier and a non-lethal weapons system.” [Democracy Now!, 3/24/2000]
William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978), asks on the Alliance’s weekly radio broadcast American Dissident Voices (ADV), “Why should I not be able to do what is right and natural and kill those who commit such an abomination?” Pierce is referring to white women who date African-American men (see 1988 and November 26, 2004). In the same broadcast, he says: “We should be going from door to door with a list of names and slaying those who have engineered this assault on our people.… And we know who the engineers are.… They are, first and foremost, the media bosses and the other leaders of the Jews.” [Center for New Community, 8/2002 ]
Jeff “Free” Luers. [Source: Free Jeff Luers (.org)]Two Earth Liberation Front (ELF—see 1997) activists, Jeff “Free” Luers and Craig “Critter” Marshall, firebomb a car dealership in Eugene, Oregon, destroying 36 sport utility vehicles (SUVs). Luers will be convicted and sentenced to over 22 years in prison; Marshall will receive over five years. Luers and Marshall will become two of the most well-known jailed “ecoterrorists” (see 1970s), and will be the subject of intensive public efforts to gain their release. “Failure to support our prisoners is tantamount to sanctioning repression by the state,” an ELF statement will proclaim. ELF and other environmental, anarchist, and animal rights organizations will solicit funds for their legal representation, create Web sites to garner publicity, and organize concerts on their behalf. Both ELF and a Eugene organization called Green Anarchy label Luers and Marshal “prisoners of war.” [Anti-Defamation League, 2005; Eugene Register-Guard, 12/18/2009]
The Senate approves bipartisan legislation, the so-called “Stealth PAC” bill, that requires secretive tax-exempt organizations that raise and spend money on political activities to reveal their donors and expenditures. The so-called “527” organizations have flourished because until now, Section 527 of the Internal Revenue Code has protected both their nonprofit status and their right to keep their donors and funding information secret (see 2000 - 2005). President Clinton will sign the bill into law. It is the first major legislative change in American campaign finance law in two decades (see January 8, 1980). Under the new law, Section 527 organizations raising over $25,000 a year must comply with federal campaign law, file tax returns, disclose the identities of anyone contributing over $200, and report expenditures in excess of $500. That information will be reported to the IRS every three months during an election year, and the information will be posted on the Internet. The bill takes effect as soon as Clinton signs it into law.
Passed Despite Republican Opposition - The House passed the bill on a 385-39 vote; only six Senate Republicans vote against the bill. Senate and House Republican leaders have blocked the bill for months. Clinton says, “Passage of this bill proves that public interest can triumph over special interests,” and urges Congress to pass a more comprehensive overhaul of campaign finance law. Senator Russ Feingold (D-WI) says, “I’m not pretending we don’t have other loopholes to close, but those groups that have found this an easy, painless way to go on the attack are now going to have to scramble to figure out different ways.” Some ways that groups will avoid the requirements of the new law are to reorganize themselves as for-profit organizations—thus losing their tax exemptions—or trying to reorganize as other types of nonprofits. Many expect donors to rush big contributions to these 527 groups before the new law takes effect. Mike Castle (R-DE), a House Republican who supports the bill, says, “I am sure that the phones are ringing over on K Street right now about how to get money into the 527s before they are eliminated.” Senator Mitch McConnell (R-KY), who helped Senate Republicans block the bill and who voted no on its passage, now calls it a “relatively benign bill,” downplaying his stiff opposition to the bill and to campaign finance regulation in general. McConnell advised Republicans up for re-election in November 2000 to vote yes for the bill “to insulate them against absurd charges that they are in favor of secret campaign contributions or Chinese money or Mafia money.” McConnell explains that he voted against the bill because it infringes on freedom of speech (see December 15, 1986). Governor George W. Bush (R-TX), the GOP’s presidential candidate, issues a statement supporting the bill: “As I have previously stated, I believe these third-party groups should have to disclose who is funding their ads. As the only candidate to fully disclose contributors on a daily basis, I have always been a strong believer in sunshine and full disclosure.” Bush defeated Republican challenger John McCain (R-AZ) in part because of the efforts of Republicans for Clean Air, a 527 group headed by Bush financier Sam Wyly and which spent $2.5 million attacking McCain’s environmental record (see March 2000 and After). McCain helped push the current bill through the Senate, and says: “This bill will not solve what is wrong with our campaign finance system. But it will give the public information regarding one especially pernicious weapon used in modern campaigns.”
527s Used by Both Parties - Both Democrats and Republicans have created and used 527 groups, which are free from federal oversight as long as they do not advocate for or against a specific candidate. The organizations use donations for polling, advertising, telephone banks, and direct-mail appeals, but are not subject to federal filing or reporting rules as long as they do not advocate the election or defeat of a specific candidate. Some groups, such as the Republican Majority Issues Committee, a 527 organization aligned with House Majority Leader Tom DeLay (R-TX), intend to continue functioning as usual even after the bill is signed into law, while they examine their legal options. The committee head, Karl Gallant, says his organization will “continue on our core mission to give conservative voters a voice in the upcoming elections.” The Republican Majority Issues Committee is considered DeLay’s personal PAC, or political action committee; it is expected to funnel as much as $25 million into closely contested races between now and Election Day. Gallant says the organization will comply with the new law, but complains, “We are deeply concerned that Congress has placed the regulation of free speech in the hands of the tax collectors.” He then says: “We’re not going anywhere. You will have RMIC to amuse and delight you throughout the election cycle.” The Sierra Club’s own 527 organization, the Environmental Voter Education Campaign, says it will also comply “eagerly” with the new law, and will spend some $8 million supporting candidates who match the Sierra Club’s pro-environmental stance. “We will eagerly comply with the new law as soon as it takes effect,” says the Sierra Club’s Dan Weiss. “But it’s important to note that while we strongly support the passage of this reform, 527 money is just the tip of the soft-money iceberg. Real reform would mean banning all soft-money contributions to political parties.” Another 527 group affected by the new law is Citizens for Better Medicare, which has already spent $30 million supporting Republican candidates who oppose a government-run prescription drug benefit. Spokesman Dan Zielinski says the group may change or abandon its 527 status in light of the new law. “The coalition is not going away,” he says. “We will comply with whatever legal requirements are necessary. We’ll do whatever the lawyers say we have to do.” A much smaller 527, the Peace Voter Fund, a remnant of the peace movement of the 1970s and 80s, says it intends to engage in voter education and issue advocacy in about a dozen Congressional races. Executive director Van Gosse says the group will follow the new law and continue as before: “Disclosure of donors is not a major issue for us. So we’ll just say to donors in the future that they will be subject to federal disclosure requirements. It’s no biggie.” [New York Times, 6/30/2000; OMB Watch, 4/1/2002; Huffington Post, 9/28/2010]
Entity Tags: Karl Gallant, John McCain, Environmental Voter Education Campaign, Dan Zielinski, Dan Weiss, Citizens for Better Medicare, Van Gosse, US Senate, William Jefferson (“Bill”) Clinton, George W. Bush, Republican Majority Issues Committee, Republicans for Clean Air, Peace Voter Fund, Mike Castle, Mitch McConnell, Tom DeLay, Sierra Club, Sam Wyly, Russell D. Feingold
Timeline Tags: Civil Liberties
Texas Governor George W. Bush, the Republican candidate for president, accepts his party’s nomination for president during the Republican National Convention in Philadelphia. During his speech, he declares his intent to move the United States away from observing “outdated” treaties such as the 1972 Anti-Ballistic Missile Treaty with Russia (see May 26, 1972). “Now is the time,” he says, “not to defend outdated treaties, but to defend the American people.” Less than a year after taking office, Bush will unilaterally withdraw the US from the treaty (see December 13, 2001). [Savage, 2007, pp. 140]
A Florida jury unanimously finds in favor of Jane Akre, a plaintiff suing Fox Television for wrongful termination. Akre and her husband, Steve Wilson, had begun filming a news story for the Tampa, Florida, Fox affiliate on the harmful effects of BGH, or bovine growth hormone. Akre and Wilson were fired when they refused orders from Fox officials to add false information favorable to Monsanto, the manufacturers of BGH, to their story (see December 1996 - December 1997). (The jury rules that Wilson was not harmed by Fox’s actions.) The jury rules that Akre warrants protection under Florida’s whistleblower law, and awards her a $425,000 settlement. Instead of paying the judgment, Fox Television appeals the decision (see February 14, 2003). [St. Louis Journalism Review, 12/1/2007]
John Prescott Ellis. [Source: Bush-Clinton Fraud (.com)]Fox News chairman Roger Ailes (see October 7, 1996), a Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988), chooses an unlikely reporter to anchor Fox’s election night coverage: John Prescott Ellis, a freelance Republican political adviser and the first cousin of George W. Bush (R-TX), the Republican presidential candidate. (Ellis is the son of George Herbert Walker Bush’s sister, Nancy Ellis.) Ellis was originally hired to cover the party primaries. A later study of voting patterns by the University of California will determine that in areas where voters have access to Fox News, the network’s relentless pro-Bush coverage shifts some 200,000 votes from Democrat Al Gore (D-TN) to Bush, but Ailes wants to make sure his network’s coverage is favorable to Bush, and has always had Ellis in mind for the election night anchor position, for which he specifically gives Ellis a 30-day contract. Ellis is very close to Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida (“Jeb” is an acronym for his full name, John Ellis Bush). Ellis recused himself from campaign coverage in a June 1999 Boston Globe column, defending George W. Bush from allegations of cocaine use, calling the Clinton-Gore administration “morally berserk,” and telling his readers, “There is no way for you to know if I am telling you the truth about George W. Bush’s presidential campaign, because in his case, my loyalty goes to him and not to you.” Instead of this posing an ethical dilemma or being seen as a conflict of interest at Fox, Ellis is Ailes’s first and only choice to anchor the network’s election coverage. (Ailes will later tell a February 2001 House committee hearing, “We at Fox News do not discriminate against people because of their family connections”—see February 14, 2001.) [Washington Post, 11/14/2000; Salon, 11/15/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; Nation, 11/6/2006; New York Magazine, 5/22/2011] Ellis will pre-emptively call the election for Bush, sparking the Florida recount controversy and helping propel his cousin into the White House (see November 7-8, 2000). In a response to testimony in the same February 2001 House committee hearing, Joan Konner, a journalism professor who will lead a CNN-commissioned independent study of the problems in that network’s election night coverage, will call Ellis’s hiring a substantial breach of journalistic ethics and standards. “If John Ellis had, indeed, made comments stating that his loyalties to the Bush family superceded any commitment he has to his profession or his employer, then I would judge that to be not only a perceived conflict-of-interest but a real conflict-of-interest for a journalist,” she will write in a letter to Representative John Dingell (D-MI). “While that does not disqualify an individual from any position as a journalist, it would, in my judgement, disqualify that person for any decision-making role involving reporting on his relatives during an election. Often friends and relatives are hired by journalism organizations because of their connections to the newsmakers. Their access to sources makes them valuable to the organization. However, the news organization should take every precaution against placing such an individual in an assignment that could result in bias in reporting.” [House of Representatives, Committee on Energy and Commerce, 2/14/2001]
Entity Tags: John Ellis (“Jeb”) Bush, Fox News, Boston Globe, Albert Arnold (“Al”) Gore, Jr., George W. Bush, John Dingell, Roger Ailes, Nancy Ellis, Joan Konner, John Prescott Ellis
Timeline Tags: 2000 Elections, Domestic Propaganda
The book Study of Revenge. [Source: Public domain]Laurie Mylroie, a researcher who held faculty positions at Harvard and the US Naval War College, publishes the book Study of Revenge: Saddam Hussein’s Unfinished War Against America. She argues that the Iraqi government was behind the 1993 WTC bombing. The book is published by the American Enterprise Institute (AEI), a prominent neoconservative think tank, and her book has strong support from many important neoconservatives.
Lauded by Neoconservatives - Richard Perle calls the book “splendid and wholly convincing,” while Paul Wolfowitz calls it a “provocative and disturbing book.” Former CIA Director James Woolsey says, “Anyone who wishes to continue to deal with Saddam [Hussein] by ignoring his role in international terrorism…and by giving only office furniture to the Iraqi resistance now has the staggering task of trying to refute this superb work.” In her acknowledgements, she thanks John Bolton, I. Lewis Libby, and Wolfowitz for their support and help in writing the book. All of them will go on to take prominent positions in the Bush administration.
Mylroie's Theories Discredited - But war correspondent and terrorism expert Peter Bergen will later comment, “Mylroie became enamored of her theory that Saddam was the mastermind of a vast anti-US terrorist conspiracy in the face of virtually all evidence and expert opinion to the contrary. In what amounts to the discovery of a unified field theory of terrorism, Mylroie believes that Saddam was not only behind the ‘93 Trade Center attack, but also every anti-American terrorist incident of the past decade…” Bergen will continue, “[B]y the mid-‘90s, the Joint Terrorism Task Force in New York, the FBI, the US Attorney’s office in the Southern District of New York, the CIA, the NSC, and the State Department had all found no evidence implicating the Iraqi government in the first Trade Center attack.” Bergen will comment that normally a book like this would not have mattered, except that the neoconservatives “believed her theories, bringing her on as a consultant at the Pentagon, and they seem to continue to entertain her eccentric belief that Saddam is the fount of the entire shadow war against America.” [Washington Monthly, 12/2003; Unger, 2007, pp. 216]
No Credible Evidence of Iraqi Involvement in WTC Bombing - The book will be used as a lodestar of neoconservative thought when terrorists launch the 9/11 attacks, when neoconservatives inside and outside the Bush administration will pin the blame for the attacks on Iraq (see September 13, 2001). [Unger, 2007, pp. 216] In 2004, the 9/11 Commission will conclude, “We have found no credible evidence to support theories of Iraqi government involvement in the 1993 WTC bombing.” [9/11 Commission, 7/24/2004, pp. 559]
Entity Tags: Paul Wolfowitz, Peter Bergen, Richard Perle, Saddam Hussein, Laurie Mylroie, John R. Bolton, American Enterprise Institute, 9/11 Commission, Lewis (“Scooter”) Libby, James Woolsey
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Neoconservative Influence
Republican presidential candidate George W. Bush describes a Middle East foreign policy he would implement that is very different from the policy described in the papers that his advisers have drawn up. On this day, Bush takes part in the second presidential debate with Democratic candidate Al Gore. The topic is foreign policy. Questioned when it would be appropriate to use American military force, especially with regard to the Middle East, Bush responds, “Our nation stands alone right now in the world in terms of power. And that’s why we’ve got to be humble and yet project strength in a way that promotes freedom… If we’re an arrogant nation, they’ll view us that way, but if we’re a humble nation, they’ll respect us.” Bush dismisses toppling Saddam Hussein in Iraq because it smacks of what he calls “nation-building.” He criticizes the Clinton administration for not maintaining the multilateral anti-Iraq coalition Bush Sr. had built in the Gulf War. Author Craig Unger will later comment, “To the tens of millions of voters who had their eyes trained on their televisions, Bush had put forth a moderate foreign policy with regard to the Middle East that was not substantively different from the policy proposed by Al Gore, or, for that matter, from Bill Clinton’s. Only a few people who had read the papers put forth by the Project for a New American Century might have guessed a far more radical policy had been developed.” [Salon, 3/15/2004] Just one month before, the Project for a New American Century released a position paper that went completely unnoticed by the media at the time (see September 2000). Many future Bush administration officials, including Vice President Cheney, Defense Secretary Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz are involved with the paper. It articulates a bold new policy to establish a more forceful US military presence in the Middle East. Regarding Iraq, it states, “The United States has for decades sought to play a more permanent role in Gulf regional security. While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein.” [Salon, 3/15/2004] From Bush’s first cabinet meeting in January 2001, the focus will be on getting rid of Hussein. Secretary of Treasury Paul O’Neill will later recall, “From the very beginning, there was a conviction, that Saddam Hussein was a bad person and that he needed to go… From the very first instance, it was about Iraq. It was about what we can do to change this regime. Day one, these things were laid and sealed” (see January 30, 2001). Cheney similarly misstates his true foreign policy intentions. In an NBC interview during the 2000 presidential campaign, Cheney defends Bush’s position of maintaining Clinton’s policy not to attack Iraq, asserting that the US should not act as though “we were an imperialist power, willy-nilly moving into capitals in that part of the world, taking down governments.” [Washington Post, 1/12/2002]
Fox News chief Roger Ailes has hired John Prescott Ellis, a freelance Republican political advisor and an intensely loyal cousin of presidential candidate George W. Bush (R-TX), to head the network’s election-night coverage for the 2000 presidential election (see October-November 2000). During the election, Ellis is in constant contact with Bush and his senior campaign aides, speaking with Bush himself five separate times during the evening.
Calling Florida for Gore - At 7:52 p.m., Bush’s brother Jeb Bush (R-FL), the sitting governor of Florida, calls Ellis to protest when Fox “mistakenly” projects Florida as going to Al Gore (D-TN). Ellis tells Jeb Bush that he is looking at a computer “screenful of Gore.” Bush reminds Ellis, “But the polls haven’t closed in the panhandle.” Ellis replies, “It’s not going to help.” Voter News Service (VNS), the voting consortium the networks all use, rates the race a 99.5 percent certainty that Gore has won Florida, a conclusion that VNS and network officials alike later say was a mistake (see February 14, 2001). The prediction is indeed inaccurate; within minutes, Gore’s lead begins to shrink again. At 9:38 p.m., VNS issues a correction of an inaccurate vote count for Duval County, stripping Gore of a number of phantom votes, and the race is again far too close to call.
Calling Florida for Bush - At 2:10 a.m., Ellis sees data from VNS that shows Bush with a 51,433-vote lead, and 179,713 votes left to be counted. (The latter figure is grossly inaccurate, later data proves; over 350,000 votes actually remain to be counted.) Gore would need 63 percent of those votes to win, a scenario that is statistically unlikely. Ellis calls Jeb Bush to say that it is “statistically impossible” for Bush to lose. Around 2:15 a.m., Ellis puts the telephone down and excitedly announces to his team: “Jebbie says we got it! Jebbie says we got it!” Even though Florida is still rated “too close to call” by VNS, Fox News vice president John Moody gives the go-ahead to project Bush the winner in Florida. Fox News anchor Brit Hume makes the call for Bush at 2:16 a.m. The other networks hurriedly, and inaccurately, follow suit. [Washington Post, 11/14/2000; Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; American Journalism Review, 1/2001; Nation, 11/6/2006; New York Magazine, 5/22/2011] Hume himself is a bit apprehensive of the call. “I must tell you, everybody, after all this, all night long, we put Bush at 271, Gore at 243,” he tells Fox viewers. “I feel a little bit apprehensive about the whole thing. I have no reason to doubt our decision desk, but there it is.” [Time, 11/15/2000]
Other Networks Follow Suit - As Hume is announcing Bush’s “victory” in Florida, NBC News election coverage chief Sheldon Gawiser is on the telephone with Murray Edelman, the editorial director for VNS. Gawiser is considering calling Florida for Bush, and wants to discuss calling the race for Bush while citing Edelman and VNS as the sources responsible for such a call. Edelman is shocked that Gawiser wants to make any call with Bush’s lead not only very small, but dwindling. But as the two are talking, Fox’s announcement comes over NBC’s monitors, and Gawiser breaks off the call, saying: “Sorry, gotta go. Fox just called it.” At 2:17 a.m., NBC projects Bush the winner in Florida and the next president of the United States. The joint decision team for CBS and CNN, Warren Mitofsky and Joe Lenski, make the same decision a minute later. After CBS declares Bush’s victory, anchor Dan Rather tells viewers: “Let’s give a tip of the Stetson to the loser, Vice President Al Gore, and at the same time, a big tip and a hip, hip, hurrah and a great big Texas howdy to the new president of the United States. Sip it, savor it, cup it, photostat it, underline it in red, press it in a book, put it in an album, hang it on the wall—George W. Bush is the next president of the United States.” The ABC decision team resists making the call, not trusting the data (it had similar reservations about the earlier call for Gore), but according to ABC election consultant John Blydenburgh, a network executive overrides the decision team and has ABC declare Bush the projected winner at 2:20 a.m. Blydenburgh says the executive does not want ABC to look “foolish” by being the only network not to recognize Bush as the next president. The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling (by 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call). But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] Shortly after 3 a.m., CBS’s Ed Bradley begins informing viewers that the AP numbers show Bush with a lead of only 6,000 votes. Rather tells the viewers that if the AP is correct, the previous call for Bush may be premature. “Let’s not joke about it folks,” he says. “You have known all night long and we’ve said to you all night long that these estimates of who wins and who loses are based on the best available information we have. CBS News has the best track record in the business, over a half century plus, for accuracy on election night. But nobody’s perfect.” However, few listen to either CBS’s caveats or the AP’s refusal to call the election. [American Journalism Review, 1/2001] By 4:52 a.m., Bush’s lead has dwindled to 1,888 votes.
Fox Leads the Narrative for Bush - Gore initially concedes the race, but when the networks begin retracting their declaration and return Florida to the “too close to call” status, he retracts his concession. In their last conversation of the evening, Bush tells Ellis that Gore has taken back his concession, and says: “I hope you’re taking all this down, Ellis. This is good stuff for a book.” The morning headlines in most daily papers declare Bush the winner; much of the news coverage slams Gore as indulging in “sour grapes” for not conceding the election. Rather later says: “We’ll never know whether Bush won the election in Florida or not. But when you reach these kinds of situations, the ability to control the narrative becomes critical. Led by Fox, the narrative began to be that Bush had won the election.” In 2011, Rolling Stone reporter Tim Dickinson will write, “A ‘news’ network controlled by a GOP operative who had spent decades shaping just such political narratives—including those that helped elect the candidate’s father—declared George W. Bush the victor based on the analysis of a man who had proclaimed himself loyal to Bush over the facts.” After the election, House Representative Henry Waxman (D-CA) says: “Of everything that happened on election night, this was the most important in impact. It immeasurably helped George Bush maintain the idea in people’s minds that he was the man who won the election.” [Observer, 11/19/2000; Associated Press, 12/11/2000; Buffalo Beat, 12/14/2000; New York Magazine, 5/22/2011] Ellis later writes that Bush did not try to influence his coverage. “Governor Bush was, as always, considerate of my position,” Ellis will write. “He knew that I would be fried if I gave him anything that VNS deemed confidential, so he never asked for it. He made a point of getting the early exit poll data from other sources before talking to me.” [Associated Press, 12/11/2000]
Criticism of Fox, Ellis - Tom Rosenstiel, director of the Project for Excellence in Journalism, later says of Ellis and Fox while the election is still in dispute: “The notion you’d have the cousin of one presidential candidate in a position to call a state, and the election, is unthinkable. Fox’s call—wrong, unnecessary, misguided, foolish—helped create a sense that the election went to Bush, was pulled back, and it’s just a matter of time before his president-elect title is restored. But that said, John Ellis is a good man, a good journalist whose judgment was overcome by excitement. He put himself in an impossible situation, but the mistake was not so much his as Rupert Murdoch’s for putting him in that position.… Everybody knows it’s a partisan channel, but its marketing slogan, ‘We report; you decide,’ is now totally obliterated by the fact that one candidate’s first cousin is actually deciding, and then they report.” (Rosenstiel is apparently unaware that Murdoch, who owns Fox News’s parent company News Corporation, did not make the call to hire Ellis.) Rosenstiel’s colleague Carl Gottlieb is less restrained, saying: “It’s beyond belief. The network should not have allowed Ellis to report on this election. As a viewer, after reading this story and reading about Ellis’s involvement in calling the race, you can’t help but get the idea that this guy’s complicit in what’s going on now down in Florida.” Murdoch will later claim that Fox News displayed “no partisanship” in its election-night coverage. Ellis will later tell a reporter: “It was just the three of us guys handing the phone back and forth—me with the numbers, one of them a governor, the other president-elect. Now that was cool. And everybody followed us.” [Observer, 11/19/2000; Nation, 11/6/2006] Ellis will also later deny telling his team that “Jebbie” gave him the go-ahead to call the election for Bush, instead saying he made the call based on his own calculations. Statistician Cynthia Talkov, the only member of Fox’s election team who actually understands the VNS statistical models, later says she never saw Ellis making any such calculations, and will say Ellis did not ask her for her opinion for his call, though every other projection that evening was made with her explicit approval. Talkov is one of the people who will confirm that Ellis received the go-ahead to call the election from Jeb Bush. A post-election analysis prepared by outside reviewers for CNN later issues sharp criticisms of the networks, noting, “On Election Day 2000, television news organizations staged a collective drag race on the crowded highway of democracy, recklessly endangering the electoral process, the political life of the country, and their own credibility.” Mitofsky, who invested election polls and developed the election night projection system the networks use, later calls Ellis’s actions “the most unprofessional election night work I could ever imagine. He had no business talking to the Bush brothers or to any other politician about what he was doing.” On the other hand, Ailes will characterize Ellis’s actions as those of “a good journalist talking to his very high-level sources on election night.” [Nation, 11/6/2006]
Fox 'Investigation' Comes Up Empty - Fox News will announce an “investigation” of any conflicts of interest or unprofessional behavior concerning Ellis’s role in declaring Bush the winner, but nothing will come of any such investigation. The “investigation” will find that Ellis gave no VNS information to either George W. Bush, Jeb Bush, or any Bush campaign official, though Ellis himself will freely admit to a New Yorker reporter that he shared VNS data with both Bushes repeatedly during the evening. Such sharing of data would constitute a violation of journalistic ethics as well as possible criminal behavior. [Observer, 11/19/2000; Nation, 11/6/2006] Ailes had specifically warned his team not to share VNS information with anyone from the campaigns. [Salon, 11/15/2000] Before the investigation is even launched, Moody will say: “Appearance of impropriety? I don’t think there’s anything improper about it as long as he doesn’t behave improperly, and I have no evidence he did.… John has always conducted himself in an extremely professional manner.” [Washington Post, 11/14/2000]
Entity Tags: Voter News Service, Warren Mitofsky, Tom Rosenstiel, Sheldon Gawiser, Tim Dickinson, Roger Ailes, CNN, ABC News, CBS News, Brit Hume, Boston Globe, Albert Arnold (“Al”) Gore, Jr., Associated Press, News Corporation, Rupert Murdoch, Murray Edelman, Fox News, Ed Bradley, Dan Rather, Cynthia Talkov, Carl Gottlieb, George W. Bush, NBC News, Henry A. Waxman, John Prescott Ellis, John Moody, John Ellis (“Jeb”) Bush, Joe Lenski, John Blydenburgh
Timeline Tags: 2000 Elections
Senator Robert Torricelli (D-NJ) joins the ranks of Democratic lawmakers unwilling to forcefully support Democratic presidential contender Al Gore’s attempt to force manual recounts in the Florida elections (see Early Morning, November 8, 2000). In an MSNBC interview, Torricelli says: “I consider myself a very loyal Democrat, but like most Americans, that does not begin to compare with my interest in the Constitution, or with an orderly process of government in a very unusual time in American history.… We should all insist in an orderly, fair, and honest counting of the votes. But, I believe collateral issues, or strategies that involve anything outside of those counting as the votes were cast, is not in the national interest.” [National Journal, 11/9/2000]
Several Republican spokesmen tell television news audiences that they believe Democratic presidential contender Al Gore should stop fighting for manual recounts in Florida (see Early Morning, November 8, 2000 and After 3:30 a.m. November 8, 2000). Former Governor John Sununu (R-NH) says: “There is a measure of character on how this is handled.… Everybody running around trying undermine confidence, by making allegations on the random chance that there might be some validity out there is unbelievable.… To be running around the way they are is exactly opposite of the statesmanlike character that Nixon showed in 1960” (see November 10, 2000). Republican political strategist Ed Rollins says, “The bottom line I think that by tomorrow, you are going to have a legitimate vote that gets approved by the board, or we are going to have a long tedious process that is going to damage the political process even more than it is today.” And Governor Frank Keating (R-NE) says: “There should be a recount, and once the count is over, the winner should be declared, and we should move on.… You haul in 50 lawyers per side and in about a year we’ll figure out where we are going. The reality is, the Democrats have played dirty tricks, I’m sure the Republicans, on occasion, have played dirty tricks.… We have to move on and resolve the election so the country can be stable.” [National Journal, 11/9/2000]
The logo for the 2000 Green Party presidential ticket, featuring Ralph Nader and Winona LaDuke. [Source: 4President (.org)]Many Democrats blame third-party presidential candidate Ralph Nader for the election confusion in Florida (see Early Morning, November 8, 2000), noting that had he not run, most of those who voted for him would have voted for Democratic presidential contender Al Gore instead and thus given Gore an unquestionable win. Nader ran on the left-wing Green Party ticket, winning 2,883,105 votes nationwide (2.73 percent of the popular vote), and, more importantly, 97,488 votes, or 1.63 percent, of Florida’s electorate. Chicago Sun-Times columnist Richard Roeper writes, “Ralph Nader is a jerk” who seeks media attention like Pat Buchanan and Jesse Jackson, and “he can match them in the ego department as well.” And “isn’t it great for Ralph that instead of walking around as a nostalgic trivia question from the 1970s—the activist equivalent of [television actor] John Ritter—that he was getting so much attention again. Congratulations. Jerk.” A Boston Globe editorial states, “If Ralph Nader had not been in the race, Al Gore would today be preparing to become president.” The vote for Nader in Florida “was the key to George W. Bush’s” small lead there, and without Nader, “Gore would probably have gained enough of these to defeat Bush unless the latter does extraordinarily well in the recount.” Nationally, Gore “could have earned enough of Nader’s 2,655,233” to win Oregon and New Hampshire “and give him a convincing national plurality.” Though Nader’s supporters “raise serious questions” on several issues, “they chose the wrong campaign to make their point.” The Globe concludes that before this election, Nader “had earned an honored place in US history as a pioneer in consumer safety. If Bush prevails in Florida, Nader will become a footnote as the willful eccentric who denied Gore the political prize he deserved.” Senator Joseph Biden (D-DE) says: “Ralph Nader is not going to be welcome anywhere near the corridors. Nader cost us the election.” Kate Michelman of the National Abortion Rights Action League (NARAL) says: “He cost Al Gore the race. Not only by what happened in Florida, but by making these other states a threat to Al Gore. Not to recognize what was at stake—or to dismiss it if he did—was dangerous and represented a type of arrogance. As a result, he lost a lot of credibility.” AFL-CIO president John Sweeney calls Nader’s campaign “reprehensible,” and says: “As a rule, we really reject the role that Nader played in the political process this time around. I don’t know if there’s any room in a national election for president for somebody who is a message candidate.” Enviro Working Group president Ken Cook says: “The public interest community is going to spend tens of millions of dollars a year for the next four years playing defense. I don’t think [Nader is] going to build a Green Party any more than O.J.‘s out there looking for a murderer,” referring to notorious murder suspect O.J. Simpson, who famously claims to be aggressively searching for the person who supposedly killed his wife and her boyfriend. Miramax Studio chairman and Gore supporter Harvey Weinstein says Nader is a “name that will go down in infamy.” According to writer Harold Evans, President Clinton was “very emphatic about the damage Nader had done to Gore” at a post-election gathering. Former Nader supporter Larry Marx says: “Ralph got tunnel vision and lost sight of progressive goals. People remember those kind of things, and there’s a price to be paid.” Polls show that 80 percent of Florida citizens who voted for Nader would have voted for Gore had Nader not been on the ballot, giving Gore a presumed 77,990 extra votes—far more than the number Gore would have needed to take Florida. Fellow third-party candidate Pat Buchanan notes, “Mr. Nader, I believe, can take credit for having sunk… the Gore candidacy.” Nader himself is defiant, noting that Gore failed to win his own home state of Tennessee or Clinton’s home state of Arkansas, and saying: “The Democrats must find their progressive roots or watch the party wither away, or become a crypto-Republican Party, seeking the same money and voters.… I’ve always said that it was Al Gore’s election to lose, that only Al Gore could beat Al Gore. If Democrats are disappointed with the returns, they need to take a long, close look at their party and the empty campaign waged by Al Gore.” [Leip, 2000; National Journal, 11/9/2000]
Entity Tags: Harold Evans, William Jefferson (“Bill”) Clinton, Boston Globe, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Green Party, Ralph Nader, Richard Roeper, Larry Marx, Joseph Biden, John J. Sweeney, Harvey Weinstein, Patrick Buchanan, George W. Bush, Ken Cook, Kate Michelman
Timeline Tags: 2000 Elections
A screenshot of CNN’s on-air graphic declaring George W. Bush the winner in Florida. The graphic shows Bush with a 6,060-vote lead. [Source: TV-Ark News (.com)]Republican presidential contender George W. Bush (R-TX) appears to enjoy a late surge in Florida votes, securing what appears to be a slim but decisive lead of some 50,000 votes. Led by Fox News (see October-November 2000 and November 7-8, 2000), the four major television networks—ABC News, CBS News, Fox News, and NBC News—begin declaring Bush the projected winner of Florida and therefore the winner of the US presidential elections. By 2:20 a.m., the last of the networks has projected Bush as the winner. [New York Times, 11/9/2000; Leip, 2008] The Associated Press (AP) refuses to make the call, saying that its figures show Bush with only a 30,000-vote lead, and that steadily dwindling. By 2:30 a.m., Bush’s lead, by the AP’s count, is below 19,000 votes; a glitch in the Volusia County numbers that comes in minutes after the call for Bush slashes Bush’s lead considerably, validating the AP’s reluctance to make the call. But the television broadcasts drive the story. Network pundits immediately begin dissecting Bush’s “victory” and speculating as to why Gore “lost.” [American Journalism Review, 1/2001; Nation, 11/6/2006] After the Fox announcement, Gore campaign manager Donna Brazile sends Gore a text message reading: “Never surrender. It’s not over yet.” But others in the campaign feel the campaign is indeed over. Gore’s brother-in-law Frank Hunger later recalls, “They were just so damn positive,” referring to the networks. “And they were talking about 50,000 votes, and we never dreamed they would be inaccurate.” The Gore campaign’s deputy campaign manager for communications, Mark D. Fabiani, will later recall: “I felt so deflated. It had been an evening where you won and then lost and winning felt a lot better than losing. You had been up and down and swung around and then dumped out on your head.” [New York Times, 11/9/2000]
Entity Tags: Mark D. Fabiani, George W. Bush presidential campaign 2000, NBC News, George W. Bush, Frank Hunger, Albert Arnold (“Al”) Gore, Jr., Fox News, Associated Press, CBS News, County of Volusia (Florida), Donna Brazile, Al Gore presidential campaign 2000, ABC News
Timeline Tags: 2000 Elections
Katherine Harris. [Source: AP/Pete Cosgrove]Florida Secretary of State Katherine Harris, one of eight co-chairs of the Florida Bush election campaign and the state official ultimately in charge of election procedures, is introduced to the politics of the Florida presidential recount by a ringing telephone. She is awakened at 3:30 a.m. by a call from the Bush campaign chairman Donald Evans, who puts Governor Jeb Bush, George W. Bush’s brother, on the line. Governor Bush asks coldly, “Who is Ed Kast, and why is he giving an interview on national television?” Harris is unsure who Kast is for a moment. Kast is the assistant director of elections, whose division reports to her office. He is on television talking about the fine points of Florida election law (see 3:30 a.m. November 8, 2000), when and how manual recounts can be requested, and, most importantly, the driving concept of “voter intent”—if a ballot shows the intent of the voter to cast a vote for a candidate, then that vote will be counted. The governor does not want the media narrative to focus on recounts and voter intent, and has already tasked his general counsel with the job of getting Kast off the air as quickly as possible. (CNN “loses” Kast’s transmission in mid-sentence minutes later.) Democrats have questioned the propriety of having the Florida official with ultimate authority over elections being a state chairman for a presidential campaign before now, and in the coming days, the question will devolve into outright accusations of partisanship and impropriety. Harris has called herself “thrilled and honored” to be part of the Bush campaign, and served as a Bush delegate during the Republican National Convention. During the campaign, she often traveled around Florida representing the ticket. Representative Robert Wexler (D-FL) says of Harris: “She is clearly a partisan Republican—and there’s nothing illegal about that. And I give everyone the benefit of the doubt, expecting them to perform their public functions appropriately. But her actions will speak volumes about whether she is qualified. If she does this fairly, fine. But if she acts as an emissary for Bush to steal this election in Florida, she will delegitimize Florida’s vote count.” Harris gives some initial media interviews on November 8, and according to a 2004 Vanity Fair article, “appear[s] overwhelmed and uninformed.” She does not know what county elections supervisors have been doing, and seems unaware of the chaos surrounding the Palm Beach County “butterfly ballot” (see November 9, 2000) and other ballot disputes. The Bush campaign senses trouble and assigns Harris a “minder,” Florida Republican lobbyist Mac Stipanovich, a former campaign advisor for Jeb Bush and a close Bush ally. Stipanovich, the Vanity Fair article will observe, “appealed to Harris’s grandiosity. (Her emails replying to Bush supporters later revealed that she had begun identifying with Queen Esther, who, in the Old Testament, saved the Jews from genocide. ‘My sister and I prayed for full armour this morning,’ she wrote. ‘Queen Esther has been a wonderful role model.’) He told her that nothing less than the course of history rested on her shoulders. ‘You have to bring this election in for a landing,’ he repeated again and again.” Under Stipanovich’s tutelage, Harris quickly learns to stay on message and repeat the given talking points. Stipanovich, who remains out of sight of the media, will later describe his daily routine with Harris to documentary filmmaker Fred Silverman, saying: “I would arrive in the morning through the garage and come up on the elevators, and come in through the cabinet-office door, which is downstairs, and then in the evening when I left, you know, sometimes it’d be late, depending on what was going on, I would go the same way. I would go down the elevators and out through the garage and be driven—driven to my car from the garage, just because there were a lot of people out front on the main floor, and, at least in this small pond, knowledge of my presence would have been provocative, because I have a political background.” [Salon, 11/13/2000; Vanity Fair, 10/2004] Most importantly to the Bush campaign, Harris is a part of the campaign’s message propagation plan to insist that Bush has indisputably won the Florida election (see After 3:30 a.m. November 8, 2000).
Entity Tags: George W. Bush presidential campaign 2000, Donald L. Evans, CNN, Ed Kast, George W. Bush, Katherine Harris, Vanity Fair, John Ellis (“Jeb”) Bush, Fred Silverman, Mac Stipanovich, Robert Wexler
Timeline Tags: 2000 Elections
George W. Bush (R-TX), reiterating the message of his campaign that he has indisputably won the Florida elections (see After 3:30 a.m. November 8, 2000), meets with reporters on the patio of the governor’s mansion in Texas, accompanied by his vice-presidential running mate, Dick Cheney. Bush tells reporters: “This morning brings news from Florida that the final vote count there shows that Cheney and I have carried the state of Florida. And if that result is confirmed in an automatic recount, as we expect it will be, we have won the election.” Bush is referring to the machine recounts triggered by the closeness of the election results (see Early Morning, November 8, 2000). Bush tells reporters that the race will “be resolved in a quick way,” a statement contradicted by Florida Secretary of State Katherine Harris, who says the questions surrounding the race “will not be resolved for 10 days.” Harris will soon be brought to heel and make statements as authorized by the Bush campaign (see After 3:30 a.m. November 8, 2000 and After). Bush takes a single question, then he and Cheney leave the lectern without speaking further. For his part, Democratic presidential candidate Al Gore urges that the process be carried out “expeditiously but deliberately—without a rush to judgment.” Gore says: “We now need to resolve this election in a way that is fair, forthright, and fully consistent with our Constitution and our laws. What is at issue here is the fundamental fairness of the process as a whole.” Bush campaign aides tell reporters that they are preparing to transition into the White House, with Bush naming Cheney to head the White House transition team and former Ford Motors executive Andrew Card named as White House chief of staff. [ABC News, 11/9/2000; Tapper, 3/2001]
New York Daily News columnist Mike Barnicle, considered by many to be a liberal, tells MSNBC viewers that Democratic presidential contender Al Gore should concede the election. Barnicle says, referring to Gore’s father, former Democratic Senator Albert Gore Sr.: “This could be Al Gore’s moment. It could be the moment where he finally gets the chance to live up to his great father’s ideals and have the courage to step aside.” [Fairness and Accuracy in Reporting, 11/16/2000; NewsBusters, 2011]
James Baker and Warren Christopher. [Source: Slate / Metrolic]The Gore campaign sends a quick-response team led by Al Gore’s former chief of staff, lawyer Ron Klain, to Florida to deal with the uncertainty of the Florida presidential race (see Early Morning, November 8, 2000). Almost immediately, Klain and his group are inundated with rumors of voting irregularities—understaffed polling places in Democratic strongholds, Democratic voters sent on “wild goose chases” to find their proper polling places, African-Americans illegally prevented from voting (see November 7, 2000), police roadblocks set up to keep voters from reaching their polls (see 11:30 a.m. November 7, 2000). Klain and his group are unable to ascertain the truth or fiction behind some of the rumors, though they learn about one that is verifiable—the problems surrounding Palm Beach County’s “butterfly ballot” that seem to have cost Gore some 2,600 votes (see November 9, 2000). Klain and the Gore campaign’s Florida head, Nick Baldick, learn that 10,000 votes for both candidates in Palm Beach have been set aside, uncounted, because of their classification as “undervotes”—votes that record no choice for president. Some 4 percent of Palm Beach voters cast their votes for senator but not for president, according to the machine scoring, a conclusion Klain and Baldick find hard to believe. They soon learn that many more “undervotes” were set aside in Miami-Dade County, like Palm Beach a Democratic stronghold. Broward County, which includes the heavily Democratic Fort Lauderdale region, is the source of a number of rumors concerning missing ballot boxes and unbelievable precinct totals. And Volusia County, another expected mine of Gore voters, initially reported a total of negative 16,000 votes for Gore. The automatic recount triggered by Florida law would not address any of these issues; manual recounts and human examination of ballots would be required to sort through the inconsistencies. Klain asks a number of Florida lawyers for legal advice and finds little help: the lawyers he contacts tell him that they are reluctant to give too much aid to the Gore campaign. “All the establishment firms knew they couldn’t cross Governor [Jeb] Bush [brother of presidential candidate George W. Bush] and do business in Florida,” Klain will later recall. Klain instead pulls together an ad hoc team to be led by former Secretary of State Warren Christopher, now a lawyer in Los Angeles. Gore chooses Christopher because he believes Christopher will lend the team an image of decorous, law-abiding respectability. But, according to a 2004 Vanity Fair report, “Christopher set a different tone, one that would characterize the Democrats’ efforts over the next 35 days: hesitancy and trepidation.” One of Christopher’s first statements on the situation is given to Gore’s running mate Joseph Lieberman, with Christopher saying: “I think we should be aggressive in asserting our position. But we’ve got to temper what we do with the realization that the nation is focused on us and is expecting to act responsibly.” The Bush campaign’s approach is very different from that taken by the sometimes-timorous Christopher. Their quick-response campaign team is headed by Texas lawyer James Baker, a close Bush family friend and another former secretary of state. As Vanity Fair will write, the Bush team “dug in like a pit bull,” issuing frequent press statements that hew to the same line: Bush won the vote on the morning of November 8 (see 2:15 a.m. November 8, 2000 and After 3:30 a.m. November 8, 2000) and therefore is the legitimate president. Any attempts to alter that “fact” amount to “mischief.” Privately, Baker worries that the narrative is untenable, telling his team: “We’re getting killed on ‘count all the votes.’ Who the hell could be against that?” The Gore campaign will ask for manual recounts in four counties, Palm Beach, Broward, Miami-Dade, and Volusia (see November 9, 2000), and the choice of selective recounts, as opposed to asking for statewide recounts, gives Baker the opening he is looking for. [National Journal, 11/9/2000; Tapper, 3/2001; Vanity Fair, 10/2004]
Entity Tags: County of Palm Beach (Florida), Warren Christopher, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Miami-Dade (Florida), Ron Klain, Vanity Fair, Joseph Lieberman, George W. Bush presidential campaign 2000, George W. Bush, County of Volusia (Florida), Nick Baldick, John Ellis (“Jeb”) Bush, James A. Baker, County of Broward (Florida)
Timeline Tags: 2000 Elections
A screenshot from NBC News’s November 19, 2000 ‘Meet the Press’ broadcast, featuring Tim Russert using a whiteboard to illustrate electoral vote tallies. [Source: NBC / Infoimagination (.org)]NBC political commentator Tim Russert recommends that Democratic presidential contender Al Gore either concede the election or wrap up his challege to the reported election results (see Early Morning, November 8, 2000 and After 3:30 a.m. November 8, 2000) to avoid being called “a whiner.” Russert says that the election recounts are a “crisis” that must be resolved as quickly as possible. Gore “can’t extend it to too long, nor can he become a whiner about Florida at some point,” he says, and adds: “If they continue then to file lawsuits and begin to contest various areas of the state, then people will begin to suggest: ‘uh-oh, this is not magnanimous. This is being a sore loser.’ I think the vice president understands that as well.… If it starts dragging into petty politics and we get to Thanksgiving and we still don’t know who our president is, I think the public will not have much patience with the candidate they believe is dragging it out.” The progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will note that polls show strong majorities of Americans favor continuing the recount process if it will ensure the accuracy of the voting results, even weeks into the recount process. FAIR will write, “[M]ost public opinion polls suggest that citizens are taking a much more reasonable approach to the situation than some of the elite media, supporting a process that emphasizes fairness rather than speed.” [Fairness and Accuracy in Reporting, 11/16/2000]
Representatives Robert Wexler (D-FL) and Mark Foley (R-FL), both representing districts in the Palm Beach County area of Florida, argue about the confusing “butterfly ballot” that plagued many Palm Beach voters (see 7:00 a.m. November 7, 2000 and After and November 9, 2000) with interviewer Larry King on CNN. Much of the debate centers on the ballot design and its approval by Palm Beach elections supervisor Theresa LePore, a Democrat. (In his 2001 book Down and Dirty, author Jake Tapper will note that LePore was originally registered as a Republican, then an independent, before registering as a Democrat, and is not particularly partisan with any party.) Foley, a Bush campaign supporter, defends LePore and the ballot, saying that the entire ballot situation is caused by recalcitrant Democrats unwilling to accept defeat, while Wexler, arguing on behalf of the Gore campaign, says the ballot is illegal and cost Al Gore the votes he needed to win Florida and the presidency. Wexler accurately describes many Palm Beach voters as “hysterical” because they feared they had accidentally voted for third-party candidate Pat Buchanan and not for Gore, and says the ballot design does not comply with Florida law. “Illegal is illegal, confusion is confusion, and the presidency shouldn’t hinge on it,” Wexler says. Foley is inaccurate in saying that Buchanan has a large base of support in Palm Beach, though he jokes that some of those putative pro-Buchanan voters “may be deranged.” Foley denies Wexler’s description of “mass confusion” at the Palm Beach polling places, and notes, accurately enough, that “a Democratic supervisor of elections [LePore] approved the layout and approved the ballot.” King says that as a Democrat, Wexler “signed off” on the ballot design, drawing a retort from Wexler: “That’s not exactly so, Larry. Many people did complain to the supervisor of elections when they saw the sample ballot.” LePore, watching the discussion on television, is angered by Wexler’s charge; she later says she mailed out 655,000 sample ballots to voters, gave copies to all 150-odd candidates on the ballot, mailed copies to local Democratic and Republican representatives, and provided copies for publication in the Palm Beach Post and the Orlando Sun-Sentinel, and received no complaints whatsoever. Wexler goes on to note that LePore sent out an unprecedented voter advisory reminding voters how to cast their votes for their desired presidential candidate, “which I’ve never seen done.” LePore is further angered by Wexler’s failure to acknowledge that he was one of the people who requested the advisory. “What a liar!” LePore thinks as she watches Wexler’s comments. Wexler argues that “the presidency of the United States hangs in the balance.… The entire election system of America is on trial right now. We need to make certain it is done in a fair way.” [St. Petersburg Times, 11/10/2000; Tapper, 3/2001]
Entity Tags: Larry King, CNN, Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), Jake Tapper, Mark Foley, Patrick Buchanan, Theresa LePore, Robert Wexler, George W. Bush
Timeline Tags: 2000 Elections
An example of a ballot with so-called ‘hanging chads,’ ‘chads’ punched partially through the ballot but still ‘hanging’ on to the back of the ballot. Punch-card voting machines often do not read these as votes. [Source: Authentic History]The presidential campaign team of Vice President Al Gore asks for a hand count of presidential ballots in four Florida counties, as allowed under Florida Election Code 102.166. Gore’s recount request covers four Florida Democratic strongholds: Palm Beach, Miami-Dade, Broward, and Volusia. Between them, the four counties recorded about 1.8 million votes cast. All four counties seem to have serious issues surrounding their vote totals (see November 7, 2000 and Mid-Morning, November 8, 2000).
Florida Has No Legal Provision for Statewide Recounts This Early - The Gore decision to ask for the specific recounts in four counties is necessary, as Florida state law has no provision for a statewide recount request at this stage: a candidate has 72 hours after an election to request manual recounts on a county-by-county basis, and such requests must be based on perceived errors. Otherwise the candidate must wait until the election is formally certified and then make a request for a statewide recount—a request the Gore team felt certain would be refused by Florida Secretary of State Katherine Harris, who is also the co-chair for the Florida Bush campaign (see After 3:30 a.m. November 8, 2000 and After).
Accusations of 'Cherry-Picking' - However, the Bush team uses the Gore request of “selective recounts” to launch a press narrative that Gore wants to “cherry-pick” counties for recounts that he thinks will give him an advantage, regardless of Gore’s claims that he wants “all votes counted.” As Vanity Fair will observe in 2004: “Proper as this was by Florida election law, the Democrats’ strategy gave [Bush lawyer James] Baker the sound bite he’d been seeking: Gore was just cherry-picking Democratic strongholds. It was a charge the Bush team wielded to devastating effect in the media, stunning the Gore team, which thought its strategy would be viewed as modest and fair.” The Gore campaign, shocked by what it perceives as the patent unfairness of the Bush response and by the media’s apparent acceptance of it, responds poorly, giving the Bush campaign the opportunity to set the narrative. [Vanity Fair, 10/2004; Leip, 2008]
Bush Threatens More Recounts - The Bush campaign threatens to demand recounts in Wisconsin, Iowa, and New Mexico if Gore does not withdraw his challenges in Florida. [Authentic History, 7/31/2011]
Swapping Accusations - Former Republican Party chairman Haley Barbour accuses the Democrats of “trying to to take the election of the president out of the election process, which is controlled by voters, and put it in the court process, which is controlled by lawyers.” Former Representative Bill Paxon (R-FL) accuses the Gore campaign of using “legal action to undermine this vote. They know that their chances to win are slim to none.” Bush campaign chairman Donald Evans says, “Vice President Gore’s campaign didn’t like the outcome of Election Day, and it seems they’re worried that they won’t like the official recount result either.” Gore’s campaign chairman William Daley says of the Bush campaign, “I believe that their actions to try to presumptively crown themselves the victors, to try to put in place a transition (see November 9, 2000), run the risk of dividing the American people and creating a sense of confusion.” Gore spokesman Chris Kehane tells a CNN audience: “This is a nation of laws, we ought to respect our laws. But we think that our victory is going to be sweet. We think we have won the popular vote. That’s pretty clear. And we believe we are going to win the popular vote within the state of Florida and thereby win the electoral vote as well.” Gore himself “pledge[s]” to honor the results of the election should the recounts show that Bush is the legitimate winner, saying that the recount “must be resolved in a way that satisfied the public and honors the office of the presidency.” [National Journal, 11/9/2000; New York Times, 11/9/2000]
Entity Tags: County of Miami-Dade (Florida), County of Broward (Florida), Bill Paxon, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Michael (“Bill”) Daley, Vanity Fair, Katherine Harris, James A. Baker, George W. Bush, Donald L. Evans, George W. Bush presidential campaign 2000, Haley Barbour, County of Volusia (Florida), Chris Kehane, County of Palm Beach (Florida)
Timeline Tags: 2000 Elections
A surprisingly high number of voters in Palm Beach County, Florida, cast their presidential votes for third-party presidential candidate Patrick Buchanan, and the Gore campaign believes many of these voters intended to vote for Al Gore (see 7:00 a.m. November 7, 2000 and After). The problem lay in Palm Beach’s “butterfly ballot,” designed by Democratic county elections supervisor Theresa LePore, which many voters found confusing (see September 2000). The ballot gave a list of names for offices with corresponding holes to punch, but in the presidential race, Gore’s name lined up more closely with the hole designated for Buchanan, who won 3,407 votes in Palm Beach, over 2,600 more than he won in any other county in Florida. Palm Beach is heavily populated with elderly Jewish voters who were, media reports will say, thrilled to cast their votes for Gore’s Jewish running mate Joe Lieberman; it is doubtful they would have become enthused about Buchanan and his history of anti-Semitism and Holocaust trivialization. Bush spokesman Ari Fleischer attempts to characterize Palm Beach as a “Buchanan stronghold.” But Buchanan readily admits that the Gore campaign is probably correct in saying that many Palm Beach voters intended to vote for Gore and not for him. [Vanity Fair, 10/2004; Leip, 2008] “It does seem to me that those are probably not my votes in those precincts in Palm Beach County,” Buchanan says. “My guess is that I probably got some votes down there that really did not belong to me. I feel—I do not feel well about that. I do not want to take any votes that don’t belong to me.… If the two candidates they pushed were Buchanan and Gore, almost certainly those are Al Gore’s votes, not mine.” Representative Mark Foley (R-FL) says that the Palm Beach voters “may be deranged” in voting for Buchanan, “but they have every right to vote for him” and their votes should not be questioned. Three Palm Beach voters file a lawsuit “seeking a new election claiming the punchcard ballot was so confusing that they accidentally voted” for Buchanan. It is not clear if the Gore campaign or local Democratic Party officials will ask for an actual recount, though some Democratic lawyers call the ballot design “illegal.” [National Journal, 11/9/2000]
Analyses: Ballot Confusion Cost Gore between 6,600 and 13,000 Votes - A subsequent analysis reported by the liberal news site Consortium News later alleges that Gore may have lost as many as 13,000 votes due to the “butterfly ballot.” Some voters say they attempted to vote for Gore, punched the hole for Buchanan by mistake, and attempted to correct the error by punching a second hole for Gore. The voting machines recorded those votes as “overvotes” and discarded them without counting them for either Gore or Buchanan. There may be over 10,000 of these particular overvotes remaining to be counted. 19,120 ballots in Palm Beach were disqualified because of double-voting, or “overvoting.” A sample of 144 ballots will be analyzed by Palm Beach election officials, and the results will show that 80 of those 144 ballots—56 percent—show punches for both Buchanan and Gore. If this sample accurately reflects the state of the remaining overvote ballots, then mathematically, Gore lost some 10,622 votes because of the confusion. Adding the approximately 2,700 votes that were given to Buchanan means that Gore lost some 13,000 votes in Palm Beach. [Consortium News, 11/22/2000] A 2001 investigation by The Nation will find that the “lost” Gore votes in Palm Beach number somewhat less than the Consortium News estimate: some 6,600 votes that likely would have gone to Gore were either not counted or inadvertently given to Buchanan. [Nation, 4/24/2001]
Entity Tags: George W. Bush, Albert Arnold (“Al”) Gore, Jr., Ari Fleischer, County of Palm Beach (Florida), Theresa LePore, Consortium News, The Nation, Mark Foley, Joseph Lieberman, Patrick Buchanan
Timeline Tags: 2000 Elections
The headline in today’s Palm Beach Post. [Source: Palm Beach Post / Authentic History]In the aftermath of the Florida election results (see Early Morning, November 8, 2000), television and press news outlets offer a round of explanations, excuses, and apologies for the mistakes and miscues that marked election-night coverage (see 7:50 p.m., November 7, 2000, 9:30 p.m. November 7, 2000, 2:15 a.m. November 8, 2000, and 3:57 a.m. - 4:15 a.m. November 8, 2000). Knight-Ridder newspapers say the election night will “forever… be known” as “The Night That Television Got It Wrong.” The Baltimore Sun observes: “Whipsawed between presidential election returns that turned on a dime, and production schedules that couldn’t, newspaper editors crossed their fingers in the early morning and started their presses. And many got the story wrong.” The New York Times says that network executives are “examining how the errors could have occurred,” and goes on to state that many in academia, politics, and the news media are calling the mistakes “perhaps the most egregious election-night gaffes in the modern television era.” CBS News says: “We all made our own calls. All of us made the wrong call twice. It was different people, different eyes looking at it. Each of us thought when we looked at the data that it was a good call. It did not appear to be as risky as it turned out to be.” California pollster Mark DiCamillo says: “Everybody is dying to know who won when the polls close. There’s tremendous pressure that builds. You’ve been looking at exit poll data. It’s very hard to say it’s too close to call. It’s the pressure cooker on election night television coverage.” [National Journal, 11/9/2000]
In an attempt to appear nonchalant for the press, Al Gore goes jogging with his daughter Karenna and with members of the press filming the proceedings. [Source: Authentic History]The presidential campaigns of Vice President Al Gore (D-TN) and George W. Bush (R-TX) make very different decisions as to how to handle affairs as the Florida recount continues to delay the naming of a victor in the 2000 presidential race (see Mid-Morning, November 8, 2000 and November 9, 2000). Gore returns to Washington, where he will remain for most of November, in an attempt to be seen as “remaining above the fray.” Bush, on the other hand, meets with advisors and begins alerting the media as to the members of his prospective presidential administration; aides tell reporters that the Bush team will begin announcing Cabinet appointments within a week. Bush himself will soon return to his ranch in Crawford, Texas. The Bush strategy is simple: to insist that Bush has already won the election and to act as if he is president-elect (see After 3:30 a.m. November 8, 2000). [Vanity Fair, 10/2004; Leip, 2008] Bush’s running mate Dick Cheney says, “We look forward to getting this matter resolved as quickly as possible so that we can get on with the important business of transition.” ABC reports that the Bush campaign wants “to create a sense of unstoppable momentum. They believe that the voters have spoken and that they have to get about the business of creating a new government.” The Washington Post reports that Bush starts the day by “feeding his dog and two cats and making coffee for his wife, displaying a nonchalance amid crisis that could portend an amiable style if he were to wind up as president.” The Post reports that Bush “acted” the part of president when meeting with reporters in the courtyard of the governor’s mansion in Texas. [National Journal, 11/9/2000] The Gore campaign has said it would not engage in transition actitivies until the election dispute is resolved; of Bush’s transition activities, Gore aide Roy Neel, the campaign’s transition director, says, “It is mind-boggling to me that they would be so presumptuous.” [New York Times, 11/9/2000]
Gore campaign aide Donnie Fowler writes a memo to his boss, Gore political advisor Michael Whouley, while at a Palm Beach County, Florida, diner. Fowler notes the following:
Palm Beach County rejected 19,000 ballots due to “double-voting,” or “overvotes,” where confused voters cast their votes for Democrat Al Gore and third-party candidate Patrick Buchanan. Fowler calls the ballot “confusing and illegal” (see 7:00 a.m. November 7, 2000 and After and November 9, 2000). The rejected ballots comprise 4 percent of the presidential votes cast, whereas only 0.8 percent of the ballots were rejected for overvotes in the Senate race on the same ballot.
The voting trends indicate a possible Voting Rights Act violation: whereas 4 percent of ballots were rejected for overvotes county-wide, some 15-16 percent of the ballots were rejected in precincts with large African-American populations.
Democratic presidential candidate Al Gore has picked up some 650 votes in the machine recount; Fowler expects Florida to certify its machine recounts (see Early Morning, November 8, 2000) by 5:00 p.m. today (see 5:00 p.m. November 9, 2000).
Palm Beach elections board member Judge Charles Burton, the only Republican on the board, admitted in a press conference that punch-card ballot systems are faulty because, Fowler writes, “little dots punched out can interfere with actual counting by machine.” Others also criticize the “antiquated” voting machines.
Reports exist of voters being turned away after the 7:00 p.m. poll closing time, in violation of laws that state voters already in line at closing time can vote.
Evidence exists that a Republican county commissioner coerced a Democratic county commissioner into holding a recount test less than 24 hours after the polls closed.
500 absentee ballots were left at a post office on Election Day, and presumably were not counted.
Poll headquarters registered some 3,000 complaints, an extraordinary number. There may have been more, but many voters were unable to get through on the phone on Election Day. [Tapper, 3/2001]
By the end of the business day, 64 of Florida’s 67 counties have retallied their machine votes. Presidential candidate George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by 362 votes in an unofficial tally released by the Associated Press. Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) announces that official results from the recount may not be completed until November 14. [Leip, 2008] The Bush campaign’s quick-response team (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000) finds the recount tallies sobering and fears a true manual recount. Led by lawyer James Baker, they decide that the only way to ensure victory for their candidate is to stop all recounts. [Vanity Fair, 10/2004]
ABC News’s Nightline broadcasts an hour-long analysis of the Florida election recount situation (see Early Morning, November 8, 2000 and November 9, 2000). However, host Ted Koppel interviews three representatives from the Bush presidential campaign (see After 3:30 a.m. November 8, 2000) and none from the Gore campaign, leading to what the progressive media watchdog Web site Fairness and Accuracy in Reporting (FAIR) will later call a slanted report. All three Bush aides call the recount situation a “crisis” that must be resolved immediately (see Evening, November 8, 2000), deride reports of voter manipulation and minority voters denied their right to vote (see November 7, 2000), and accuse the Gore campaign of attempting to steal the election through legal maneuvering. “Koppel did not subject his guests to tough questioning,” FAIR will note. [Fairness and Accuracy in Reporting, 11/16/2000]
In an editorial, the Washington Post castigates the Gore campaign for continuing to press for recounts in Florida. After acknowledging that George W. Bush’s lead in that state “appear[s] to have melted to fewer than 300 votes” as the recounts continue (see 5:00 p.m. November 9, 2000), and noting that for Gore to “call for as careful a count as possible in an election as close as this, with so much a stake, seems unobjectionable to us; it can only help to ensure legitimacy,” it then slams Gore campaign manager William Daley for his suggestion that Gore may file lawsuits to ask for manual recounts. Daley said, referring to the widely held belief in the Gore camp that if the votes are tallied completely, Gore would have significantly more votes than Bush, “If the will of the people is to prevail, Al Gore should be awarded a victory in Florida and be our next president.” The Post calls Daley’s remark “poisonous,” saying that Daley is attempting to imply that the Bush camp is trying to steal the election, and demands that Gore “disown” it immediately. The Post also chides Gore officials for implying, somehow, that “Gore’s narrow lead in the popular vote somehow gives him superior status—if not quite a partial claim to the office, then a greater right to contest the electoral outcome in Florida. But that’s false, and they know it. The electoral vote is what matters.” The editorial chides the Bush campaign for leaking its “transition plans” and trying to give “the impression of measuring for new curtains in the Oval Office,” as Bush has not been certified the winner of the race. “Florida hasn’t certified its results, and Mr. Bush has no more claim to the title of president-elect than the vice president. Both sides need to back off at this stage. They are risking a political war that could spread far beyond Florida, one that would be far harder to stop than to begin.” The Post concludes by advising the Gore campaign that calling for recounts is far different from filing lawsuits to force recounts; the first is acceptable, but the second “should be approached with enormous caution and restraint.” [Washington Post, 11/10/2000] In 2010, the Center for American Progress will note that Daley’s claim that Gore “should be awarded a victory in Florida and be our next president” was a claim Bush campaign lawyer James Baker “was saying pretty much every day on Bush’s behalf.” The Post does not have a similar reaction to Baker’s claims. [Center for American Progress, 12/9/2010] The same day the Post editorial is published, the New York Times publishes a piece by historian Richard Reeves that flatly falsifies presidential history in its call for Gore to abandon his post-election challenge (see November 10, 2000). The Post also publishes an editorial by former Republican Senator Bob Dole asking Gore to concede for the good of the nation (see November 11, 2000).
Entity Tags: New York Times, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Center for American Progress, James A. Baker, Robert J. (“Bob”) Dole, Washington Post, George W. Bush, William Michael (“Bill”) Daley, Richard Reeves
Timeline Tags: 2000 Elections, Domestic Propaganda
In an editorial, the New York Times sounds a cautionary note about the Florida presidential election, warning both sides to avoid what it calls “scorched earth” solutions. It begins by accusing the Democratic presidential nominee, Vice President Al Gore, of “escalat[ing] the atmosphere of combat surrounding the presidential election results with his decision to go to court in Florida” (see November 10, 2000). The Times acknowledges that “Gore has a right as a private citizen to take his grievances to court. But he and Governor George W. Bush [the Republican candidate and apparent frontrunner] are also political figures seeking the world’s most important leadership position. Part of the test of presidential leadership, it seems to us, is finding a way to resolve electoral matters in the political arena.” The Times calls the Gore campaign’s discussion of potential lawsuits “worrying,” accuses it of a “rush to litigation,” and says the Gore campaign should not be using phrases like “constitutional crisis.” Nor should it talk about “efforts to block or cloud the vote of the Electoral College on December 18” (though Bush campaign advisors have threatened just such efforts—see November 1, 2000 and After). The Times says it agrees with CNN’s Bill Schneider that to challenge the machine tallies in Florida would be to choose a “treacherous path.” The Times acknowledges that reports of voting irregularities (see November 7, 2000, Mid-Morning, November 8, 2000, and November 9, 2000) “need to be taken seriously,” but not so much so as to question the results as already reported. To call for manual recounts or file legal challenges, the Times writes, would “paralyze… the succession process, undermine… the finality of presidential elections, and make… nervous a world that looks to the United States as a model of political stability. Neither the prospect of legal warfare nor Mr. Bush’s rush to put together a transition team is helpful at this point.” [New York Times, 11/10/2000]
Historian and presidential biographer Richard Reeves fundamentally misrepresents history in a New York Times editorial asking Vice President Al Gore (D-TN) to end the Florida election standoff by conceding to George W. Bush (R-TX). Reeves notes correctly that the 1960 presidential election between Republican Richard Nixon and Democrat John F. Kennedy was extraordinarily close. Reeves asserts that Nixon and Kennedy discussed the situation after the votes were initially tallied and Nixon decided not to challenge the results. “If Nixon had decided to pursue a challenge, he might have had a good case,” Reeves writes. “Republicans were producing claims of fraud, waving sworn depositions from election officials in Illinois and Texas. It was great stuff: there were 6,138 votes cast by the 4,895 voters registered in Fannin County, Texas; in the 38th precinct of Chicago’s sixth ward, 43 voters seemed to have cast 121 votes in the hour after the polls opened. But whatever else he was, Nixon was a patriot. He understood what recounts and lawsuits and depositions carried out over months—even years—would do to the nation. He was also a realist, and he knew that investigations might well turn up examples of his own party’s tradition of recording votes for folks dead or alive in southern Illinois and a few other venues.” Reeves goes on to note that Kennedy’s slight popular vote lead translated into a strong Electoral College lead, and that Nixon’s patron, former President Dwight D. Eisenhower, “was angry about the alleged fraud but finally told Nixon that he could not back him in a challenge to the results.” As Nixon reportedly explained to a reporter afterwards, “The country can’t afford the agony of a constitutional crisis, and I damn well will not be a party to creating one just to become president or anything else.” Reeves uses the example of Nixon’s patriotism and restraint in arguing that Gore should emulate Nixon and gracefully concede the election. [New York Times, 11/10/2000] However, Reeves fundamentally misrepresents Nixon’s actions and historical events. Nixon was, as Reeves writes, convinced that Kennedy fraudulently won the election. And rumors of election fraud had circulated even before Election Day, such as in Chicago, where Democratic majorities were considered suspect. When the votes were tallied and Kennedy declared the winner, angry Republicans demanded an investigation. Nixon later said in both interviews and his own memoirs that he refused to dispute the election. Publicly, Nixon conceded the election to Kennedy, but privately, he encouraged his aides and fellow Republicans to overturn the results. In the weeks after the election, many newspapers pursued the story, fueled by Republicans who made a bevy of allegations and charges of election fraud and rampant cheating. Slate’s David Greenberg later writes: “[T]he Republican Party made a veritable crusade of undoing the results. Even if they ultimately failed, party leaders figured, they could taint Kennedy’s victory, claim he had no mandate for his agenda, galvanize the rank and file, and have a winning issue for upcoming elections.” Three days after the election, Senator Thruston Morton (R-KY), the chairman of the Republican National Committee (RNC), launched bids for recounts and investigations in 11 states, including Texas, Illinois, and New Jersey. Days later, close Nixon aides sent agents to conduct what they called “field checks” in eight of those states. Another aide tried to create a “Nixon Recount Committee” in Chicago. Recounts were indeed obtained. Grand juries were empaneled and a special prosecutor was appointed. The FBI launched investigations into voter fraud and election theft. The recounts and investigations proved nothing of significance, and one by one, they lapsed. The last recount, in Illinois, lasted for over a month after the election; on December 9, 1960, when recount tallies gave Nixon a mere 943 extra votes, Republicans filed a lawsuit in federal court to summarily grant Illinois’s 27 electoral votes to Nixon, which was dismissed. Republicans then took their case to the Illinois Board of Elections, which, even though it had a majority of Republicans comprising it, rejected the petition. Even after December 19, when the Electoral College formally certified Kennedy as the winner, recounts and legal challenges were still in the works. [Slate, 10/16/2000; Salon, 11/10/2000] Boston Globe columnist David Nyhan, considered a liberal like Reeves, echoes Reeves’s portrayal of Nixon in a column that is published the same day as Reeves’s. Nyhan calls Nixon’s supposed concession that president’s “most magnaminous act” and recommends that Gore step aside. [Fairness and Accuracy in Reporting, 11/16/2000]
Entity Tags: George W. Bush, Federal Bureau of Investigation, David Nyhan, David Greenberg, Albert Arnold (“Al”) Gore, Jr., US Electoral College, Thruston Morton, Richard M. Nixon, Dwight Eisenhower, New York Times, Republican National Committee, John F. Kennedy, Illinois Board of Elections, Republican Party, Richard Reeves
Timeline Tags: 2000 Elections, Domestic Propaganda
Unpunched ‘chads’ from punch-card ballots. The voter uses a pencil or stylus to ‘punch’ the chad entirely out of the ballot, leaving a rectangular hole that is read by the voting machine. [Source: Authentic History]The mandated machine recount in Florida’s 67 counties (see 5:00 p.m. November 9, 2000) is completed by all but one county. George W. Bush (R-TX) holds a 327-vote lead. The Gore presidential campaign has requested manual recounts for Miami-Dade, Broward, Palm Beach, and Volusia Counties, where ballot totals are in dispute (see November 9, 2000). Miami-Dade (see November 7, 2000), Broward, and Palm Beach, all of which use obsolete punch-card voting machines, are weighing whether to conduct manual recounts of, firstly, 1 percent of their ballots (sample recounts), and if the results warrant, moving to full recounts. One of the biggest questions is that of so-called “undervotes,” ballots that have no choice registered for a candidate. When a voter attempts to punch through a hole to register a choice but fails to do so completely, that vote is not counted, and instead is classified as an “undervote.” (“Overvotes” are an issue as well with “optiscan” machines, where voters use pencils to fill in ovals corresponding to their choices and feed the ballots into a machine scanner. Sometimes voters fill in votes for both candidates—say, both Bush and Gore—and in such cases voter intent cannot be determined. The machine records no choice. But sometimes voters accidentally “bubble in” both choices, then write “Gore” and an arrow or some other indication of their selection on the ballot. These votes are also not counted, though a manual recount can quickly determine voter intent in these cases. Even stray pencil marks can cause an optiscan ballot to be rejected. Forty-one of Florida’s 67 counties use optiscan machines.) Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), sends young lawyer Kerey Carpenter to Palm Beach to lend her “assistance” in resolving its recount question. Elections board chairman Judge Charles Burton will later recall that while Carpenter identifies herself as a lawyer, she does not inform them that she works for Harris. Instead of assisting in the sample recount process, Carpenter interferes. At one point, after the sample recount has produced some 50 additional votes for Gore, Carpenter objects to the standard of decision; the punch cards have small rectangular holes filled with detachable “chads,” small portions of paper that are pushed through and discarded. The board is using the criteria that a “chad” that is detached at one corner can indicate a vote. Carpenter convinces Burton to change the standard to two detached corners. This decision reduces Gore’s 50 new votes to six. Carpenter, still not revealing her status as a Harris employee, convinces Burton to ask Harris for a “formal opinion” as to what grounds justify a full recount. Burton does so. Harris will set an impossibly high standard for recounts, but will almost immediately be overruled by a judge (see 9:00 a.m. November 13, 2000). [Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004]
Entity Tags: County of Palm Beach (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Charles Burton, County of Miami-Dade (Florida), County of Volusia (Florida), Kerey Carpenter, County of Broward (Florida), George W. Bush, George W. Bush presidential campaign 2000, Katherine Harris
Timeline Tags: 2000 Elections
Former US Senator Bob Dole (R-KS) writes an op-ed for the Washington Post urging Democratic presidential candidate Al Gore to abandon his attempts to win the presidential election and concede the election to Republican George W. Bush. “It was a close election, but it’s over,” Dole writes. Dole begins by recalling his own experience from 1976, where Republican President Gerald Ford, with Dole as his running mate, chose not to challenge a narrow election loss to Democrat Jimmy Carter. “It took a while, but I was proud of Gerald Ford when he did the right thing by not contesting the election,” Dole writes. Dole asserts that two separate recounts have taken place [in reality, only one, a machine recount, has occurred—see November 10, 2000] and both verify Bush as the winner of the Florida vote. Instead of gracefully conceding, Dole writes, the Gore campaign is “making every effort to keep the nation divided for weeks with recounts, lawsuits, and endless politicization of the election.” Dole urges Gore “to put his country’s agenda ahead of his agenda; to put the people’s interests before his personal interests.” The American people need closure after a long presidential campaign, Dole argues, and to drag out the process “is bad for the people.” Gore “risks alienating even more Americans” by continuing to press for manual recounts. “Participation in our democracy continues to decline. More and more people are turned off by politics and are tuning out of elections. It is precisely this type of politicization that continues to disenchant people. They want leadership, not lawsuits. They need someone committed to what is good for the country, not what is good for a post election campaign.” Asking for recounts “is bad for the country.” Bush needs time to plan and execute a smooth transition into the presidency, Dole writes, time that Gore is not giving him. Bush “must begin planning his administration. He must prepare a budget and begin selecting a cabinet. He must begin meeting with world leaders and a Congress already bitterly divided. A smooth transition will help to ensure a successful presidency and a more secure and prosperous nation for the next four years.” And finally, history will look askance at Gore for being “the first presidential candidate to challenge his election defeat in the courts. The presidency should be won through inspiration, not litigation.” [Washington Post, 11/11/2000]
Entity Tags: George W. Bush presidential campaign 2000, Robert J. (“Bob”) Dole, Gerald Rudolph Ford, Jr, James Earl “Jimmy” Carter, Jr., Albert Arnold (“Al”) Gore, Jr., Washington Post, George W. Bush
Timeline Tags: 2000 Elections, Domestic Propaganda
The “quick response” legal team of the Bush presidential campaign, led by former Secretary of State James Baker (see After 3:30 a.m. November 8, 2000 and Mid-Morning, November 8, 2000), asks for a federal injunction to stop hand recounts of ballots in several Florida counties because of what it alleges are equal protection and other constitutional violations (see November 9, 2000). Two days later, US District Judge Donald Middlebrooks rejects the request. Throughout the upcoming weeks, Baker and his team will continue to demand that recounts be blocked, while accusing the Gore campaign of asking for “recount after recount” and saying that the voting machine totals are more accurate than manual (hand) vote tallies. [US District Court, Southern District of Florida, 11/13/2000 ; US News and World Report, 12/13/2000; CNN, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Bush campaign decided after the manual recounts that it must stop all subsequent recounts, but at the same time must pin the blame for “taking the election to court” on the Gore campaign. So even though Baker and his team are the first to file motions in court, and though it is Baker’s team that will contest all recounts from this point onward, Baker and his team will persist in accusing the Gore campaign of trying to have the election decided in court and not by the votes. A 2004 article in Vanity Fair will characterize this attempt as very successful in the mainstream media. [Vanity Fair, 10/2004]
After Democratic presidential contender Al Gore withdraws his concession (see 3:30 a.m. November 8, 2000) and announces his determination to press forward with his request for manual recounts (see November 10, 2000), Fox News host Tony Snow tells viewers that “his decision made the poisonous political atmosphere in Washington even more toxic. Gore has established a precedent for turning elections into legal circuses and giving the final word not to voters but to squadrons of lawyers.” [Fairness and Accuracy in Reporting, 11/16/2000]
Conservative columnist George Will lambasts the Gore presidential campaign for trying to “steal” the presidential election through unwarranted legal manipulation (see Early Morning, November 8, 2000 and November 9, 2000). Will begins his Washington Post column by comparing the Gore request for recounts to “the blue dress,” a reference to President Clinton’s affair with White House intern Monica Lewinsky, and accuses Democrats of “complaining that the Constitution should not be the controlling legal authority” over elections. Will continues: “The mendacity of Al Gore’s pre-election campaign is pertinent to the post-election chaos. He ran with gale-force economic winds at his back, and with a powerful media bias pulling him along.… Even on election night: by calling Florida for Gore before all Floridians had voted, the networks almost certainly hurt Republican turnout in Florida, and out West” (see 7:50 p.m., November 7, 2000). Will does not mention Fox News’s inaccurate call of Florida for Bush (see 2:15 a.m. November 8, 2000 and November 7-8, 2000). Gore is attempting to steal the election because of his “corrupt… hunger for power” and his “serial mendacity,” Will states, accusing Gore of “desperately seeking lawyering strategies and a friendly court to hand him the presidential election.” He is, Will states, the quintessential liberal, attempting to impose his will “through litigation rather than legislation. Liberalism’s fondness for judicial fiat rather than democratic decision-making explains the entwinement of the Democratic Party and trial lawyers.” Will ridicules reports that the Palm Beach County “butterfly ballot” may have denied Gore votes (see November 9, 2000), and calls Democrats’ questioning of that ballot “sinister.” The claims that Palm Beach voters were confused by the ballot are, Will writes, “baseless.” Will says that the November 17 addition of absentee ballots (see November 18, 2000), with their “large military, hence Republican, component,” will almost certainly lock down the Florida vote for Bush. However, Will writes, “Gore operatives probably will still toil to delegitimize the election. Their actions demolish the presidential pretensions of the dangerous man for whom they do their reckless work.” Will concludes: “All that remains to complete the squalor of Gore’s attempted coup d’etat is some improvisation by Janet Reno, whose last Florida intervention involved a lawless SWAT team seizing a 6-year-old [referring to Cuban-American youngster Elian Gonzales, whom Reno ordered to be sent back to Cuba with his father instead of being allowed to remain in the US with a group of more distant relatives]. She says there is no federal role, but watch for a ‘civil rights’ claim on behalf of some protected minority, or some other conjured pretext. Remember, Reno is, strictly speaking, unbelievable, and these things will continue until these people are gone.” [Washington Post, 11/12/2000] The progressive media watchdog organization Fairness and Accuracy in Reporting (FAIR) will note, “The comment about a ‘protected minority’ seems to be a reference to the complaints of voter fraud and intimidation coming from African-American communities in Florida” (see November 7, 2000). [Fairness and Accuracy in Reporting, 11/16/2000]
According to media analyses performed by the Center for American Progress (CAP) and by the team of Kathleen Hall Jamieson and Paul Waldman, the Sunday talk show coverage of the Bush-Gore conflict in Florida between November 12 and December 10 is heavily skewed towards painting George W. Bush as the legitimate president (see After 3:30 a.m. November 8, 2000) and Al Gore the losing contender who continues to carry on after having legitimately lost the election. On December 3 and December 10, panelists on ABC’s This Week refer to Bush’s future presidency 27 times. Tim Russert, the host of NBC’s Meet the Press, does so 19 times and calls Bush’s running mate Dick Cheney the “vice president.” In a December 3 interview, Russert asks Cheney if he feels Gore is being a “sore loser” (see November 24, 2000 and After). On December 3, ABC’s Sam Donaldson attempts to get Gore’s running mate, Joseph Lieberman, to concede the election on-air. ABC’s Cokie Roberts attempts to get a concession from Gore campaign representative George Mitchell. Jamieson and Waldman later determine that in the five Sunday shows aired by the three networks during this time period, the word “concede” appears in 23 questions. In 20 of these questions, the hypothetical conceder is Gore. In the other three questions, the hypothetical conceder is no one. Similarly, the hosts and guests on these talk shows, and on other network news broadcasts, frequently warn of “dire consequences” to America’s constitutional democracy if the Florida question is not settled immediately. The hosts also issue frequent warnings that the citizenry’s patience is at “the breaking point,” though polls consistently show that most Americans are content to let the recall process work itself out. CAP later notes, “The Baker-Bush team [referring to James Baker, the head of the Bush campaign’s ‘quick response’ recount team—see Mid-Morning, November 8, 2000] worked hard to create this crisis atmosphere in the hopes of increasing the pressure on Gore to relent for the good of the country, the markets, and the maintenance of world peace.” During this time period, Russert tells viewers, “We could have chaos and a constitutional crisis.” NBC’s Tom Brokaw tells viewers: “If the Florida recount drags on, the national markets are at risk here. National security is involved.” Pundits on ABC’s This Week warn of “turmoil” if Gore does not concede; pundits on CBS’s Face the Nation remark on “spinning out of control.” Columnist David Broder says this period of US history is worse than the turmoil the country weathered after the assassination of President John F. Kennedy. [Center for American Progress, 12/9/2010]
Entity Tags: George Mitchell, Tom Brokaw, Center for American Progress, Albert Arnold (“Al”) Gore, Jr., ABC News, Tim Russert, David Broder, Sam Donaldson, Paul Waldman, James A. Baker, George W. Bush presidential campaign 2000, George W. Bush, Richard (“Dick”) Cheney, Joseph Lieberman, NBC News, Kathleen Hall Jamieson, Cokie Roberts
Timeline Tags: 2000 Elections
The Bush presidential campaign demands, and receives, a manual recount in New Mexico. Democrat Al Gore had an early, if narrow, lead in the state during the November 7 returns, but a programming error was found that gave Bush a slim lead. New Mexico’s five electoral votes were withdrawn from the Gore column and the state was classified as “too close to call” (see November 10, 2000). Bush picks up 125 votes on the recount of Roosevelt County. Although the Bush campaign and its Republican allies staunchly oppose manual recounts in Florida (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 11, 2000, November 11-13, 2000, and November 12, 2000), GOP lawyer and national committeeman Mickey Barnett says in a New Mexico court filing that there is, “of course, no other way to determine the accuracy of this apparent discrepancy, or machine malfunction, other than the board reviewing the votes by hand.” Barnett secures a recount of Roosevelt County’s “undervotes” (ballots that supposedly recorded no preference for president), noting that the county recorded 10 percent of its voters as registering no preference. Barnett and the Bush campaign do not ask for manual recounts of much larger undervotes in three largely Democratic counties. In 2010, columnist Eric Alterman will write: “The only conceivable reason why the GOP cared enough about New Mexico’s five electoral votes as late as December 1 was the fear that if it carried Florida by legislative fiat—in defiance of the courts (see 11:45 a.m. November 30, 2000)—it might lose individual electors in other states. New Mexico would have been a cushion against such defections.” Towards the end of the recounts, another error is found that gives Gore a 500-vote advantage. Gore receives New Mexico’s electoral votes. The final tally: 286,783 votes for Gore and 286,417 for Bush, with a difference in favor of Gore of 366 votes. [Leip, 2000; CNN, 11/13/2000; US Constitution (.net), 2010; Center for American Progress, 12/9/2010]
Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), announces she is refusing requests to extend the 5:00 p.m. November 14 deadline for certifying election results (see 5:00 p.m. November 9, 2000) in the interest of what she calls “the public’s right to clarity and finality.” This is her prerogative as secretary of state under Florida Election Code 102.112, though she has the option to extend the deadline. Absentee ballots, by law, can be counted through November 17. Neither Palm Beach nor Miami-Dade Counties have even decided to start recounts yet (see November 7, 2000 and November 10, 2000), and Broward County has not finished the recount it began. Volusia County, also attempting to finish manually recounting all of its ballots (see November 11-12, 2000), sues to extend the November 14 deadline. Lawyers for the Gore campaign join Volusia in the suit, while Bush lawyers file briefs opposing the suit. [Salon, 11/13/2000; US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] In light of Harris’s decision, Broward will choose to abandon its recount (see Evening, November 13, 2000); Palm Beach will decide to delay the recount until it can receive clarification (see 8:20 a.m. November 14, 2000), and resume the recounting shortly thereafter (see 4:30 p.m. November 14, 2000). Miami-Dade, in contrast, will begin recounting (see November 14, 2000). Later in the day, Harris issues what she considers a legal opinion concerning the recounts, but her opinion conflicts with a decision issued by Florida’s attorney general. [US News and World Report, 12/13/2000] Harris says that no manual recounts should take place unless the voting machines are broken. Judge Terry Lewis finds that opinion not backed by any state law and overrules her opinion. [Vanity Fair, 10/2004] Harris has drawn criticism for her apparent partisanship before now. Warren Christopher, a lead advisor for the Gore campaign, calls Harris’s decision “arbitrary and unreasonable.” Representative Peter Deutsch (D-FL) calls her decision “bizarre,” adding, “I honestly think what’s going on is a strategic decision by the Bush campaign to hurt the litigation efforts.” Representative Robert Wexler (D-FL) says: “The only reason to certify the elections at 5 p.m. tomorrow is a partisan one. If she does what she says she’s going to do—certify the elections at 5 p.m. tomorrow—she will have proven her critics correct; she will have proven that she is an emissary of the Bush campaign who is willing to steal an election.” [Salon, 11/13/2000]
Entity Tags: Albert Arnold (“Al”) Gore, Jr., County of Palm Beach (Florida), County of Broward (Florida), Al Gore presidential campaign 2000, County of Miami-Dade (Florida), County of Volusia (Florida), George W. Bush presidential campaign 2000, George W. Bush, Peter R. Deutsch, Robert Wexler, Warren Christopher
Timeline Tags: 2000 Elections
Carol Roberts. [Source: BBC]Officials in Palm Beach County vote 2-1 to delay their manual recounts of their election ballots (see November 11-12, 2000) until they are able to clarify whether they have the legal authority to proceed. Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), has rejected requests to extend the election certification deadline past 5:00 p.m. today (see 9:00 a.m. November 13, 2000). [US News and World Report, 12/13/2000; Leip, 2008] Harris actually issues an order stopping the recounts, but her order is almost immediately countermanded by Florida Attorney General Robert Butterworth [Consortium News, 11/19/2000] , who serves as the Gore campaign’s Florida chairman. [National Journal, 11/9/2000] The canvassing board meeting is contentious. The lead Republican counsel, Mark Wallace, demands that County Commissioner Carol Roberts recuse herself from the board because of her “active” involvement in the Gore campaign. Roberts responds that her activity includes having a Gore bumper sticker on her car and attending a single cocktail party for Joe Lieberman, Al Gore’s running mate. Election observer Steven Meyer, working with the Democratic Party, writes that he has never heard Republicans complain about Harris’s involvement as co-chair of the Bush campaign. Elections Supervisor Theresa LePore has come under intense scrutiny and criticism for the controversial “butterfly ballot” that she approved for use in the county (see September 2000); many county Democrats blame her for what they believe were some 10,000 votes that should have gone to Gore (see November 9, 2000). Some board members, including LePore, have received death threats; whether these threats came from Republicans, Democrats, or others is unknown. Meyer observes that Republicans such as Wallace mount incessant complaints about ballot handling, and issue frequent demands that already-counted stacks of ballots be recounted again because someone touched or handled them inappropriately. Meyer observes Republican observers using tweezers to pick up tiny “chads” (paper rectangles discarded when a voter punches through a punch-card ballot to cast a vote) and place them in plastic baggies. He also notes that Republicans have placed thousands of Gore ballots in the “questionable” stacks when the ballots plainly indicate votes for Gore. [American Prospect, 12/14/2000]
Entity Tags: Katherine Harris, Carol Roberts, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Palm Beach (Florida), Joseph Lieberman, Theresa LePore, Robert Butterworth, George W. Bush presidential campaign 2000, Steven Meyer, Mark Wallace
Timeline Tags: 2000 Elections
Former Reagan administration cabinet member James Baker, leading the Bush campaign’s legal challenges to the Florida recount process (see After 3:30 a.m. November 8, 2000), makes public statements recommending that the Gore campaign drop its advocacy of the recounts and accept the 5:00 p.m. tallies (see Evening, November 14, 2000). A senior advisor to the Gore campaign, former Secretary of State Warren Christopher, declines, saying, “That’s like offering you the sleeves from your vest.” [US News and World Report, 12/13/2000]
After her self-imposed deadline of 5:00 p.m. for election results certification passes (see 9:00 a.m. November 13, 2000), Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), announces that George W. Bush (R-TX) leads Vice President Al Gore (D-TN) by some 300 votes, based on returns submitted by all 67 Florida counties. The 300-vote lead Bush currently has is substantially smaller than the 1,784-vote lead he had immediately after the election. Harris says she will comply with a judicial order to consider late returns (see Afternoon, November 14, 2000). She gives three heavily Democratic counties still counting votes until 2:00 p.m. November 15 to submit written explanations as to why they want to add their manual-recount tallies after the deadline; all three counties will comply with her request. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
A Florida absentee ballot. [Source: SaintPetersBlog (.com)]The Bush and Gore campaigns begin a weeks-long wrangle over the issue of Florida’s absentee ballots. The deadline for counting absentee ballots received from citizens overseas is November 17 (see 12:00 a.m., November 17, 2000). Rumors of large numbers of military absentee ballots, presumably favoring Bush in number, and a large number of ballots from American Jews in Israel, presumably favoring Gore, have swirled for days among the media and in both campaigns. Gore campaign lawyer Mark Herron compiles a long memo on the rules governing absentee ballots to Democratic lawyers at each of the 67 county canvassing boards; a copy of the memo is obtained by a Republican legal team, and soon Bush spokespersons are quoting from it to accuse the Gore campaign of attempting to disenfranchise Americans in uniform. The Gore campaign sends vice-presidential candidate Joe Lieberman (D-CT) onto the Sunday morning television talk shows to shore up its position, and Lieberman protests that the campaign would never do anything to disenfranchise soldiers. Lieberman says that in his opinion, the most permissive standards should be applied to the absentee ballots. Herron and other Gore lawyers are dismayed by Lieberman’s position, as these standards would admit a larger influx of absentee ballots, the majority of which they believe will go to Bush. Okaloosa County, a Panhandle county with six military bases, becomes a center of the controversy. Lawyers from both campaigns and both parties attempt to wrangle the issue among themselves and the Okaloosa elections board, often becoming pushy and confrontational. Bush lawyers insist that the rules should be, in essence, jettisoned and all absentee ballots admitted regardless of postmarks, valid numbers and addresses, etc.; Okaloosa elections supervisor Pat Hollarn, a centrist Republican, refuses. “I told them not only no but hell no,” she later recalls. A 2004 Vanity Fair article will note, “At the same time, in the more Democratic counties, Bush lawyers were arguing just as passionately that rules should be strictly adhered to and any questionable ballots put aside.” After the wrangling has settled and the ballots are counted (see 12:00 a.m., November 17, 2000), Bush wins a net gain of 123 votes. [Vanity Fair, 10/2004]
Contradicting her previous statement that she would comply with a judicial order to consider the post-election recount tallies from several counties (see Evening, November 14, 2000), Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), asks the Florida Supreme Court to force Miami-Dade, Broward, and Palm Beach Counties to end their manual recounts (see November 14, 2000, 3:40 p.m. November 15, 2000, and 4:30 p.m. November 14, 2000) “pending resolution as to whether any basis exists to modify the certified results” after the November 14, 2000 deadline. Harris argues that manual recounts threaten “the integrity of the ballots.” Harris previously imposed a November 14 deadline for all ballots to be counted and results certified (see 9:00 a.m. November 13, 2000). Palm Beach County officials ask the Florida Supreme Court to decide if they can manually recount their ballots. At 5:00 p.m., the Court rejects Harris’s request to stop the recounts. [Consortium News, 11/19/2000; US News and World Report, 12/13/2000; Leip, 2008] A judge has already ruled that Harris can refuse to consider recount results submitted after her deadline (see Afternoon, November 14, 2000). A Gore campaign spokesman later says that considering the obstacles Harris has placed in the way of the hand recounts, the situation is analogous to a policeman forcing a motorist to pull over, then blaming him for the traffic piling up behind him. Bush spokeswoman Karen Hughes counters with the accusation that the counties still engaged in recounts are “no longer counting ballots; they are ‘reinventing’ them.” And James Baker, the head of the Bush “quick response” recount team, accuses the manual recounters of “subjective” attempts to “divine the intent of the voter.” Such recounts, Baker says, present “tremendous opportunities for human error and… mischief.” Both Hughes’s and Baker’s remarks are apparently intended to imply deliberate falsification of vote tallies, and echo similar charges made by Rush Limbaugh and other conservative media figures. Gore officials note that George W. Bush has picked up 418 votes in manual recounts in six counties: Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette. The Bush campaign, the Gore officials say, was eager to have those votes added in with the totals. Baker’s counterpart on the Gore team, Warren Christopher, says the fact that “Republicans have hand counted in many of the counties themselves” (see November 19, 2000) belies Republican charges that “we have picked out a certain few counties.” The Bush campaign has also picked up 143 votes from recounting in Volusia County. [Consortium News, 11/19/2000; Consortium News, 11/27/2000]
Entity Tags: County of Miami-Dade (Florida), Rush Limbaugh, County of Lafayette (Florida), County of Franklin (Florida), County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Katherine Harris, Karen Hughes, Warren Christopher, George W. Bush presidential campaign 2000, County of Volusia (Florida), County of Washington (Florida), County of Taylor (Florida), County of Palm Beach (Florida), County of Seminole (Florida), James A. Baker, George W. Bush, Florida Supreme Court, County of Hamilton (Florida)
Timeline Tags: 2000 Elections
The Bush presidential campaign rejects the Gore presidential campaign’s proposal for a statewide manual recount of Florida’s presidential votes (see 6:36 p.m. November 15, 2000), stating that such a recount would be neither fair nor accurate. George W. Bush also informs the Gore campaign that he has no interest in meeting with Al Gore face-to-face, though he says he is open to such a meeting after the election. [Leip, 2008] “The outcome of this election,” Bush says in a statement, “will not be the result of deals or efforts to mold public opinion” (see After 3:30 a.m. November 8, 2000). [US News and World Report, 12/13/2000]
The Florida Supreme Court bars Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), from rejecting all post-deadline recount tallies (see 9:14 p.m., November 15, 2000) as well as certifying George W. Bush (R-TX) as the state’s presidential winner “until further order of this court” (see 10:04 a.m. - 12:45 p.m. November 17, 2000). It sets a hearing for Monday, November 20 to hear arguments on the recount dispute. The Court says flatly, “it is NOT the intent of this order to stop the counting.” [Supreme Court of Florida, 11/17/2000 ; US News and World Report, 12/13/2000; Leip, 2008] Harris is prepared to certify Bush as the winner (see Evening, November 14, 2000), which would give him the electoral votes needed to grant him the presidency (see November 9, 2000). With that no longer a possibility, James Baker, the leader of the Bush “quick response” campaign recount team (see Mid-Morning, November 8, 2000), issues a public threat: the incoming Florida speaker of the House, Republican Tom Feeney, will, if necessary, take matters into his own hands and vote in an independent slate of “electors” who would journey to Washington and vote for Bush in the US Electoral College. Because both houses of the Florida legislature are dominated by Republicans, Feeney could pass just such a bill authorizing that procedure. [Vanity Fair, 10/2004] Bush and his campaign officials harshly denounce the Court’s ruling. Bush accuses the Court of using “the bench to change Florida’s election laws and usurp the authority of Florida’s election officials,” and states that “writing laws is the duty of the legislature; administering laws is the duty of the executive branch.” However, the liberal news Web site Consortium News notes that Bush seems unaware of the duty of the judicial branch, “a fact taught to every American child in grade-school civics class—that it is the duty of the judiciary to interpret the laws. It is also the responsibility of the courts to resolve differences between parties under the law.” [Consortium News, 11/23/2000]
Florida’s presidential vote tallies are adjusted, in line with state law, to reflect absentee ballots (see 12:00 a.m., November 17, 2000 and November 15-17, 2000). The slim lead belonging to George W. Bush (R-TX—see Evening, November 14, 2000) expands to 930 votes; Bush picks up 1,380 votes and Vice President Al Gore (D-TN) picks up 750 votes. [US News and World Report, 12/13/2000; Leip, 2008] After the modified vote tallies are announced, Bush campaign officials begin publicly complaining of manual-recount irregularities. [Pittsburgh Post-Gazette, 12/17/2000] Three Florida counties are either engaged in manual recounts or are preparing to recount (see November 17, 2000, 3:40 p.m. November 15, 2000, and 3:00 p.m., November 16, 2000).
The online news Web site Salon reports that while the Bush campaign opposes the Gore campaign’s requests for manual recounts in four heavily Democratic counties (see Mid-Morning, November 8, 2000, November 8, 2000, November 9, 2000, 11:35 p.m. November 9, 2000, November 10, 2000, November 11-13, 2000, 9:00 a.m. November 13, 2000, 12:00 p.m., November 15, 2000, 10:15 p.m., November 15, 2000, Early Morning, November 16, 2000, 5:00 p.m. November 17, 2000, and 12:36 p.m. November 19, 2000), it quietly accepted voluntary manual recounts from four Florida counties that contributed 185 votes to the Bush tally. According to Salon, in those four counties—Seminole, Polk, Taylor, and Hamilton—elections officials took it upon themselves to manually count ballots that could not be read by machine, so-called “undervotes.” Those recounts are entirely legal. The Seminole recount garnered 98 votes for George W. Bush. Al Gore lost 90 votes in Polk County because the votes had apparently been counted twice. The Taylor recount garnered four votes for Bush. The Hamilton recount garnered 10 votes for Gore. (A similar report by the online news site Consortium News uses different counties—Franklin, Hamilton, Seminole, Washington, Taylor, and Lafayette—to note that Bush has garnered some 418 votes in those counties’ recounts.) Bush campaign spokeswoman Mindy Tucker says that under Florida law, county canvassing boards have the discretion as to whether to inspect uncounted ballots by hand, and says that the Gore campaign’s calls for recounts of undervotes in Miami-Dade County (see November 7, 2000) is another in its attempt to “continually try to change the rules in the middle of the game. The ballots were inspected by hand in some cases but not all, and under Florida law it’s the canvassing board’s decision legally. It’s our belief that these votes have been counted.” Gore spokesman Chris Lehane says the Gore campaign wants the same consideration given to Miami-Dade votes as given to votes in other counties. Moreover, Miami-Dade uses punch-card ballots, which yield far more errors than the “optiscan” balloting systems used in Seminole, Polk, Taylor, and Hamilton. “Keep in mind, punch cards are used in poorer areas,” he says. “Most of these other ballots were optical ones where the reliability was much, much higher. And in poorer areas, you have bad machines or flawed ballots. We think we have a pretty clear and compelling argument.” Senior Bush campaign adviser James Baker says that manually recounting votes in Democratic-leaning counties was comprised of “subjective” attempts to “divine the intent of the voter,” and that hand-counting votes provides “tremendous opportunities for human error and… mischief.” Democrats retort that Baker’s statement is hypocritical, and point to Bush’s gain in Republican-leaning counties as proof of both the accuracy of recounting and the need to count each vote. [Consortium News, 11/19/2000; Salon, 11/28/2000]
Entity Tags: County of Polk (Florida), County of Franklin (Florida), Chris Lehane, Albert Arnold (“Al”) Gore, Jr., County of Hamilton (Florida), County of Miami-Dade (Florida), County of Washington (Florida), James A. Baker, County of Seminole (Florida), County of Taylor (Florida), County of Lafayette (Florida), George W. Bush, George W. Bush presidential campaign 2000, Mindy Tucker
Timeline Tags: 2000 Elections
Democratic vice-presidential candidate Joe Lieberman (D-CT) says on CBS’s Face the Nation that every last vote should be counted in Florida, or millions of citizens will say, “We were robbed.” [US News and World Report, 12/13/2000] Lieberman later tells reporters, referring to the Bush campaign, “It seems to be that they’re doing everything they can to stop the recounting of votes because they’re slightly ahead and they fear that after the recounting they won’t be.” Senator Bob Graham (D-FL) later agrees with Lieberman, saying that if necessary, every single vote in Florida should be manually recounted. “What we’re trying to achieve here is an election that has credibility by the American people. That credibility would likely be enhanced if all Florida voters had their ballots hand counted,” he says. However, Bush campaign lawyers say such a move would unfairly “keep the state and the nation on hold.” [Guardian, 11/20/2000]
The Florida Supreme Court hears recount arguments from both the Gore and Bush presidential campaigns regarding whether Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), should consider hand-recounted ballots before she certifies results of the presidential election (see 5:00 p.m. November 17, 2000). Bush lawyers argue that the Court is “without power” to decide which ballots should or should not be tallied. At 9:45 p.m. November 21, the Court unanimously rules that the manual recounts can continue and that Harris must accept those totals in the final results (see 10:04 a.m. - 12:45 p.m. November 17, 2000). The Court rules that the deadline for certifying the election is either 5:00 p.m. November 26, a Sunday, or November 27, at Harris’s discretion. Harris’s staff is caught by surprise by the ruling, downloading it off the Internet instead of receiving a copy from the Court; Harris’s plan to certify George W. Bush as president is blocked. Democratic presidential candidate Al Gore welcomes the ruling, saying that both he and Bush should plan their transitions in case either is certified. [Supreme Court of Florida, 11/21/2000 ; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court says in its ruling that “the right of the people to cast their vote is the paramount concern overriding all others.” Campaign observers have said that if the Florida high court’s ruling went the other way, Gore would concede the election. Some of Gore’s senior campaign advisors reportedly told Gore to stop further challenges if the Florida court decision went in Bush’s favor. [Guardian, 11/22/2000] Bush campaign representatives level charges that the Gore campaign is attempting to “steal” the election. Bush campaign attorney James Baker calls the Supreme Court’s ruling “unjust.” Governor Marc Racicot (R-MT), who has emerged in recent days as an influential Bush campaign spokesman, threatens “some extraordinary” measures to overcome the effects of the Court’s ruling (see 9:00 a.m. and after, November 22, 2000). [Guardian, 11/23/2000]
Both the Bush and Gore campaigns send veteran politicians and military veterans to argue for and against the acceptance of military absentee ballots that may not meet the criteria for acceptance under the law (see November 12, 2000, November 15-17, 2000, and November 18, 2000). For George W. Bush, Senator Bob Dole (R-KS) argues for their inclusion. Vietnam War veteran Senator Bob Kerrey (D-NE) argues against their inclusion; Kerrey also tells reporters that Al Gore “understands that he may be the loser in Florida.” [US News and World Report, 12/13/2000]
The Bush presidential campaign files a petition in the US Supreme Court, asking the Court to review the Florida Supreme Court’s ruling that Florida can continue manual recounts, and that those new recount tallies be included in the final election results (see November 20-21, 2000). Bush lawyers argue that the Supreme Court effectively rewrote Florida election law in mandating the recount tallies be counted, by essentially changing the law after the election had occurred; they also argue that Florida judges have no jurisdiction or legal authoritiy to order Florida Secretary of State Katherine Harris (see After 3:30 a.m. November 8, 2000 and After) to consider manually recounted votes. Both arguments are considered somewhat abstruse and technical. The Bush campaign also claims, with little legal backing, that to recount the votes violates constitutional guarantees of due process and equal protection. Gore lawyers say that the matter is up to the state courts, and is not a federal matter warranting the involvement of the US Supreme Court. The Court agrees to hear the case, and sets the hearing date for December 1, 2000. [Supreme Court of the United States, 11/22/2000 ; Certiorari Granted, 11/24/2000 ; Guardian, 11/25/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004; Leip, 2008] “We believe we stand on both strong political and legal ground for fighting beyond Sunday,” says Gore campaign adviser Ron Klain. After the Court agrees to hear the case, Harris, the co-chair of Florida’s Bush campaign team, says she is ready to certify the election for George W. Bush tomorrow night regardless of the outcome of the Supreme Court hearing. “The Department of State is prepared for the earliest contingency, which would be certification Sunday evening,” her chief of staff Ben McKay says. “This will be done publicly regardless of the outcome, which is, of course, unknown at this time.” [Guardian, 11/25/2000] Many Court observers, and some of the justices themselves, are surprised that the case is being heard. The Bush petition for certiorari, or for the Court to take the case, comes to Justice Anthony Kennedy, whose task it is to consider emergency motions from Florida, Georgia, and Alabama. Kennedy pushes his colleagues to take the case, arguing that the Court is the true and ultimate arbiter of such matters, though he concedes that the Bush petition is legally questionable. The Court’s conservative bloc—Antonin Scalia, Clarence Thomas, Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000), and Chief Justice William Rehnquist—agree to hear the case. (Court rules mandate that the consent of four justices, not a majority, is enough to hear a case.) The case is to be expedited in a way far different from the usual sedately paced Court proceedings. The sudden urgency has Court clerks scrambling to change their Thanksgiving plans and contacting the justices they work for. The clerks for the four liberal justices, David Souter, John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer, are dismayed by the entire situation. “We changed our minds every five minutes about whether the fix was in,” one clerk later recalls. The liberal clerks find it almost impossible to believe that any Court justice would consider interceding in what is by constitutional definition an executive and legislative matter. Justice Stevens is not convinced of his conservative colleagues’ restraint, and begins drafting a dissent from what he fears will be a majority opinion granting Bush the election. The early draft focuses on the reasons why the Court should have never accepted the case. [Vanity Fair, 10/2004]
Entity Tags: Florida Supreme Court, David Souter, Ben McKay, Antonin Scalia, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, Ron Klain, Clarence Thomas, Ruth Bader Ginsburg, Katherine Harris, George W. Bush presidential campaign 2000, George W. Bush, John Paul Stevens
Timeline Tags: 2000 Elections
A photograph of the Republican operatives mobbing the Miami-Dade elections offices. Those identified in the photograph include Thomas Pyle, Garry Malphrus, Rory Cooper, Kevin Smith, Steven Brady, Matt Schlapp, Roger Morse, Duane Gibson, Chuck Royal, and Layna McConkey. [Source: Pensito Review]Miami-Dade County election officials vote unanimously to halt the county’s manual recount of presidential ballots (see November 7, 2000 and Before 10:00 a.m. November 19, 2000), saying the county does not have enough time to complete its recount by the November 26 deadline. Instead, they vote to recount only 10,750 “undervotes,” ballots that don’t clearly indicate a presidential choice. The decision costs Democratic candidate Al Gore a 157-vote gain from the halted recount process. That evening, a Florida State appeals court denies a motion by Democrats to force Miami-Dade County to restart the manual recount. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Opposing Beliefs - The next day, the Florida Supreme Court will also refuse to order Miami-Dade to restart the recount (see 2:45 p.m. November 23, 2000). Press reports say that the decision “dramatically reverse[s] the chances of Al Gore gathering enough votes to defeat George W. Bush.” Gore’s senior campaign advisor William Daley calls the recounts “mandatory” and calls for “the rule of law” to be upheld. For his part, Bush says: “I believe Secretary Cheney and I won the vote in Florida (see After 3:30 a.m. November 8, 2000). And I believe some are determined to keep counting in an effort to change the legitimate result.” In light of the Miami-Dade decision, the Bush campaign’s chief legal advisor James Baker invites the Republican-controlled Florida Legislature to unilaterally declare Bush the victor, saying, “One should not now be surprised if the Florida legislature seeks to affirm the original rules.”
Agitators Disrupt Recount Proceedings - The recount proceedings are disrupted and ultimately ended by a mob of Republicans, some local and some bussed and flown in from Washington by the Bush campaign. The agitators are protesting outside the Miami-Dade County election offices, shouting and attempting to interfere with the proceedings of the canvassing board. Republicans have accused a Democratic lawyer of stealing a ballot. [Guardian, 11/23/2000; Guardian, 11/25/2000]
Rioters Made Up of Republican Staffers, Others - Democrats accuse Republican protesters of intimidating the Miami-Dade County officials into stopping the recount. Democratic vice-presidential candidate Joe Lieberman says the demonstrations in Miami have been orchestrated by Republicans “to intimidate and to prevent a simple count of votes from going forward.” Six Democratic members of the US Congress demand the Justice Department investigate the claims, saying that civil rights have been violated in “a shocking case of undermining the right to vote through intimidation and threats of violence.” Jenny Backus, a spokeswoman for the Democratic National Committee (DNC), says, “The Republicans are out of control,” and accuses them of using paid agitators to “create mob rule in Miami.” [Guardian, 11/25/2000] Later investigations show that the “spontaneous protests” by Republican protesters were far more orchestrated and violent than generally reported by the press at the time. Investigative journalist Robert Parry will write that the protests, called the “Brooks Brothers Riot” because of the wealthy, “preppie” makeup of the “protesters,” helped stop the recount, “and showed how far Bush’s supporters were ready to go to put their man in the White House.” He will write that the protests should be more accurately termed a riot. At least six of the rioters were paid by the Bush recount committee, payments documented in Bush committee records only released to the IRS in July 2002 (see July 15, 2002). Twelve Republican staffers will later be identified in photographs of the rioters. The six who can be confirmed as being paid are: Bush staffer Matt Schlapp from Austin, Texas; Thomas Pyle, a staff aide to House Majority Whip Tom DeLay (R-TX); DeLay fundraiser Michael Murphy; Garry Malphrus, House majority chief counsel to the House Judiciary Subcommittee on Criminal Justice; Charles Royal, a legislative aide to Representative Jim DeMint (R-SC); and former Republican House staffer Kevin Smith. Another Republican is identified as Doug Heye, a staffer for Representative Richard Pombo (R-CA). At least three of the rioters—Schlapp, Malphrus, and Joel Kaplan—will later join the Bush White House. Many of the rioters were brought in on planes and buses from Washington as early as mid-November, with promises of expenses payments. On November 18, 2000, the Bush campaign told activists, “We now need to send reinforcements” to rush to Florida. “The campaign will pay airfare and hotel expenses for people willing to go.” Many of the respondents are low-level Republican staffers from Congress. “These reinforcements… added an angrier tone to the dueling street protests already underway between supporters of Bush and Gore,” Parry will write. Quoting ABC reporter Jake Tapper, Parry will write, “The new wave of Republican activists injected ‘venom and volatility into an already edgy situation.’” Signifying the tone, before the Miami riot, Brad Blakeman, Bush’s campaign director of advance travel logistics, screamed down a CNN correspondent attempting to interview a Democratic Congressman: “This is the new Republican Party, sir! We’re not going to take it anymore!” [Consortium News, 11/27/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004] Some of the local protesters are summoned to the Miami-Dade electoral offices by angry broadcasts over radio stations with largely Cuban-American audiences; over these radio stations, listeners hear Bush campaign lawyer Roger Stone, coordinating the radio response, say that the recounts intend to disenfranchise Hispanic voters. Republican operatives coordinate the protests by shouting orders through megaphones. [Consortium News, 11/24/2000; Center for American Progress, 12/9/2010] Cuban-Americans voted heavily for Bush in the November 7 election. [Tapper, 3/2001]
Details of the Riot; Staffers Assaulted and Beaten - After learning that the Miami-Dade County canvassing board was beginning to examine 10,750 disputed ballots that had not previously been counted, US Representative John Sweeney (R-NY) issues the order to “Shut it down!” (Sweeney is coordinating his efforts with a local Cuban congressman who himself is coordinating the Cuban-American mob response.) Brendan Quinn, the executive director of the New York Republican Party, tells some two dozen Republican operatives outside the Miami-Dade County election offices to storm the room on the 19th floor where the canvassing board is meeting. Tapper later writes: “Emotional and angry, they immediately make their way outside the larger room in which the tabulating room is contained. The mass of ‘angry voters’ on the 19th floor swells to maybe 80 people,” including many of the Republican activists from outside Florida, and joined by local protesters. As news organizations videotape the scene, the protesters reach the board offices and begin shouting slogans such as “Stop the count! Stop the fraud!” “Three Blind Mice!” and “Fraud, fraud, fraud!” and banging on doors and walls. The protesters also shout that a thousand potentially violent Cuban-Americans are on the way. Official observers and reporters are unable to force their way through the shouting crowd of Republican operatives and their cohorts. Miami-Dade spokesman Mayco Villafena is physically assaulted, being pushed and shoved by an unknown number of assailants. Security officials, badly outmanned, fear the confrontation will swell into a full-scale riot. Miami-Dade elections supervisor David Leahy orders the recounts stopped, saying, “Until the demonstration stops, nobody can do anything.” (Although board members will later insist that they were not intimidated into stopping, the recounts will never begin again. Leahy will later say: “This was perceived as not being an open and fair process. That weighed heavy on our minds.”) Meanwhile, unaware of the rioting, county Democratic chairman Joe Geller stops at another office in search of a sample ballot. He wants to prove his theory that some voters had intended to vote for Gore, but instead marked an adjoining number indicating no choice. He finds one and leaves the office. Some of the rioters spot Geller with the sample ballot, and one shouts, “This guy’s got a ballot!” Tapper will later write: “The masses swarm around him, yelling, getting in his face, pushing him, grabbing him. ‘Arrest him!’ they cry. ‘Arrest him!’ With the help of a diminutive DNC [Democratic National Committee] aide, Luis Rosero, and the political director of the Miami Gore campaign, Joe Fraga, Geller manages to wrench himself into the elevator.” Rosero stays behind to attempt to talk with a reporter, and instead is kicked and punched by rioters. A woman shoves Rosero into a much larger man in what Tapper will later theorize was an attempt to start a fight between Rosero and the other person. In the building lobby, some 50 Republican protesters and activists swarm Geller, surrounding him. Police escort Geller back to the 19th floor in both an attempt to save him from harm and to ascertain what is happening. The crowd attempts to pull Geller away from the police. Some of the protesters even accost 73-year-old Representative Carrie Meek (D-FL). Democratic operatives decide to leave the area completely. When the mob learns that the recounts have been terminated, they break forth in lusty cheers.
After-Party - After the riots, the Bush campaign pays $35,501.52 for a celebration at Fort Lauderdale’s Hyatt Regency, where the rioters and campaign officials party, enjoy free food and drink, receive congratulatory calls from Bush and Dick Cheney, and are serenaded by Las Vegas crooner Wayne Newton, singing “Danke Schoen,” German for “thank you very much.” Other expenses at the party include lighting, sound system, and even costumes.
Media Reportage - Bush and his campaign officials say little publicly about the riot. Some press outlets report the details behind the riots. The Washington Post later reports that “even as the Bush campaign and the Republicans portray themselves as above the fray,” national Republicans actually had joined in and helped finance the riot. The Wall Street Journal tells readers that Bush offered personal words of encouragement to the rioters after the melee, writing, “The night’s highlight was a conference call from Mr. Bush and running mate Dick Cheney, which included joking reference by both running mates to the incident in Miami, two [Republican] staffers in attendance say.” The Journal also observes that the riot was led by national Republican operatives “on all expense-paid trips, courtesy of the Bush campaign.” And, the Journal will note, the rioters went on to attempt to disrupt the recounts in Broward County, but failed there to stop the proceedings. The Journal will write that “behind the rowdy rallies in South Florida this past weekend was a well-organized effort by Republican operatives to entice supporters to South Florida,” with DeLay’s Capitol Hill office taking charge of the recruitment. No similar effort was made by the Gore campaign, the Journal will note: “This has allowed the Republicans to quickly gain the upper hand, protest-wise.” And the Journal will write that the Bush campaign worked to keep its distance from the riots: “Staffers who joined the effort say there has been an air of mystery to the operation. ‘To tell you the truth, nobody knows who is calling the shots,’ says one aide. Many nights, often very late, a memo is slipped underneath the hotel-room doors outlining coming events.” But soon, media reports begin echoing Bush campaign talking points, which call the “protests” “fitting, proper,” and the fault of the canvassing board: “The board made a series of bad decisions and the reaction to it was inevitable and well justified.” The Bush campaign says the mob attack on the elections office was justified because civil rights leader Jesse Jackson had led peaceful, non-violent protests in favor of the recounts in Miami the day before. The campaign also insists that the protests were spontaneous and made up entirely of local citizens. On November 26, Governor Marc Racicot (R-MT), a Bush campaign spokesman, will tell NBC viewers: “Clearly there are Americans on both sides of these issues reflecting very strong viewpoints. But to suggest that somehow this was a threatening situation, in my view, is hyperbolic rhetoric.”
Effect of the Riot - According to Parry, the riot, broadcast live on CNN and other networks, “marked a turning point in the recount battle. At the time, Bush clung to a lead that had dwindled to several hundred votes and Gore was pressing for recounts (see November 20-21, 2000). The riot in Miami and the prospects of spreading violence were among the arguments later cited by defenders of the 5-to-4 US Supreme Court ruling (see 9:54 p.m. December 12, 2000)… that stopped a statewide Florida recount and handed Bush the presidency. Backed by the $13.8 million war chest, the Bush operation made clear in Miami and in other protests that it was ready to kick up plenty of political dust if it didn’t get its way.” In the hours after the riot, conservative pundits led by Rush Limbaugh will engage in orchestrated assaults on the recount process as fraudulent and an attempt by the Gore campaign to “invent” votes. No one is ever charged with any criminal behaviors as a result of the riot. [Consortium News, 11/24/2000; Washington Post, 11/27/2000; Village Voice, 12/19/2000; Consortium News, 8/5/2002; Vanity Fair, 10/2004; Center for American Progress, 12/9/2010]
Entity Tags: County of Miami-Dade (Florida), Tom DeLay, Charles Royal, Rush Limbaugh, Roger Stone, Robert Parry, Richard Pombo, Wall Street Journal, Washington Post, Wayne Newton, William Daley, Albert Arnold (“Al”) Gore, Jr., Brad Blakeman, Brendan Quinn, CNN, Carrie Meek, Richard (“Dick”) Cheney, William Michael (“Bill”) Daley, County of Broward (Florida), Michael Murphy, Thomas Pyle, Matt Schlapp, George W. Bush presidential campaign 2000, David Leahy, Democratic National Committee, Doug Heye, Florida Supreme Court, Mayco Villafena, George W. Bush, Garry Malphrus, James A. Baker, Jake Tapper, Jim DeMint, Kevin Smith, Luis Rosero, Marc Racicot, Jenny Backus, Joseph Lieberman, Joe Geller, Joe Fraga, Joel Kaplan, John J. Sweeney
Timeline Tags: 2000 Elections, Civil Liberties
Richard Cohen. [Source: Washington Post]Washington Post columnist Richard Cohen, a self-described moderate liberal, says that although he voted for Vice President Al Gore (D-TN) in the presidential elections, he believes that for the good of the country, Gore should stop pushing for recounts in Florida and concede the election to George W. Bush (R-TX). “I now think that under current circumstances he would not be the right man for the presidency,” he writes. “If I could, I would withdraw my vote.” Cohen says his considered opinion is based in part on the recent mob riot in Miami, where Bush campaign operatives orchestrated a violent confrontation that forced Miami-Dade County election officials to prematurely shut down their attempts to recount that county’s votes (see 9:00 a.m. and after, November 22, 2000). Cohen writes that in light of the Florida circumstances: “Given the present bitterness, given the angry irresponsible charges being hurled by both camps, the nation will be in dire need of a conciliator, a likable guy who will make things better and not worse. That man is not Al Gore. That man is George W. Bush.” Cohen says that he believes Bush’s claims to be “a uniter, not a divider,” citing as proof Bush’s popularity among Republican governors, “each of whom probably thought the next president should be none other than himself.” Bush also has a reputation for affability from his days in private enterprise, Cohen writes: “I talked with one of them once, a Democrat who disagreed with Bush on many issues. Yet he, too, praised Bush’s leadership abilities, his talent for bringing order out of chaos and for reaching some sort of consensus. That man’s testimony impressed me. His disagreements with Bush were real, his admiration for him profound.” Gore is not a uniter, Cohen asserts. “His own party is sore at him for taking the one-two punch of peace and prosperity and running a race that is still not concluded. His performance was as erratic as his uniform-of-the-day: earth tones on Tuesday, business suit on Wednesday. The country sensed that either he did not know himself, or what he did know the country would not like.” Cohen calls Gore “stiff, robotic,” and appearing “insincere even when he is not… unable to mask his ambition.” Unlike Bush, he does not give the impression of being someone’s “good buddy.” Bush will rally the nation behind him, Cohen opines, where Gore is likely to further divide it. Besides, Cohen writes, having a Republican in the White House may work to “restrain… GOP Dobermans like Reps. Tom DeLay (R-TX) and J.C. Watts Jr. (R-OK),” who presumably would behave in an uncontrollable manner if a Republican is not in the White House to keep them in line. While Bush and Gore have profoundly different approaches to governance, Cohen says, “what matters at the moment is the moment itself—a mere tick of the historic clock that could, if things continue, just stop it dead where it is. History does not guarantee that things will be as they have been. The first and most daunting task of the next president is not a tax bill or a Social Security plan but—as it was when Jerry Ford succeeded Richard Nixon—the healing of the country. I voted for Gore because he was the better man for the job. I can’t help thinking that he no longer is.” [Washington Post, 11/24/2000] The liberal news Web site Consortium News writes that Cohen’s column is “[t]ypical of th[e] Democratic desire to submit to angry Republicans.… Cohen reached his conclusion although Gore has been the one to temper his rhetoric while Bush and the Republicans have escalated their public denunciations of Gore and the Florida Supreme Court.” [Consortium News, 11/24/2000]
Bush supporters display ‘Sore Loserman’ signs. [Source: CNN / Infoimagination (.org)]The Bush campaign works with Florida Republicans to orchestrate the so-called “Sore Loserman” campaign, playing off the names of the two Democratic presidential ticket members, Al Gore (D-TN) and Joe Lieberman (D-CT), to bring pressure for the Democrats to concede the presidency to George W. Bush. Throughout the day, Republican activists protest and wave “Sore Loserman” signs outside the canvassing board offices in the Florida counties that are still recounting votes. One Gore ally is physically threatened by protesters outside the Broward County courthouse and requires bodyguards to exit the courthouse unscathed. Democrats charge that the protesters are trying to disrupt the recount effort (see 9:00 a.m. and after, November 22, 2000) and send a letter to the US Justice Department asking for an immediate investigation. [US News and World Report, 12/13/2000] A few days later, Steven Meyer, a Democratic election observer in Palm Beach County, writes that both Republicans and Democrats are busing in protesters, but Republicans are paying protesters to participate. “I doubt that the people on the Democratic side are getting paid because we don’t have the cash,” he notes. Democrats who “infiltrate” the Republican protests will report being offered pay and expense money to keep coming back. He also writes: “Now, it’s reported that many of these protesters are the same people whom Cuban groups paid to stand outside of Elian Gonzalez’s home in Little Havana. It’s a regular cottage industry—have sign and clever slogan, will travel.” [American Prospect, 12/14/2000] Gonzalez is a young Cuban-American boy who became a cause celebre for some conservatives who accused the Clinton administration of enabling his Cuban father to “kidnap” him and return with him to Cuba after his mother died. [New York Times, 1/14/2000]
Entity Tags: Elian Gonzalez, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Clinton administration, County of Palm Beach (Florida), Joseph Lieberman, Steven Meyer, George W. Bush presidential campaign 2000, George W. Bush, US Department of Justice, County of Broward (Florida)
Timeline Tags: 2000 Elections
Throughout the day, pro-Bush supporters demonstrate outside Blair House, the vice-presidential residence in Washington where Democratic presidential candidate Al Gore and his family are residing. Gore tries to break the impression of being besieged by making a public “run” for ice cream. [US News and World Report, 12/13/2000] Gore’s daughter Kristin later tells a reporter that their home was “under siege” by protesters during this time period. She will say that many screamed, “Get out of Cheney’s house!” referring to George W. Bush’s running mate Dick Cheney. [New York Times, 6/24/2007]
The ballot recounting in Palm Beach County is halted for an hour as Republican lawyers disrupt the proceedings, disputing the order in which precincts are being evaluated. Democrats object to the Republican position, and tempers fray. The counting resumes at 5:00 a.m. [US News and World Report, 12/13/2000] The delay will contribute to Palm Beach County being unable to complete the recount by the end of the day, as mandated by the Florida Supreme Court (see 2:45 p.m. November 26, 2000). Democratic election observer Steven Meyer writes of his observations of numerous and varied Republican “stalling tactics” since recounts began almost two weeks ago (see 8:20 a.m. November 14, 2000), including the selection of thousands of clearly indicated Gore ballots as “questionable.” Meyer writes: “Unfortunately, these stalling tactics were widespread. Because the Republican observers had caused the Board to review so many frivolous challenges, it probably added a full day’s work for the Canvassing Board, and now we were in real danger of missing the 5:00 p.m. deadline for certifying the recount totals to the secretary of state.” As board members attempt to expedite the process, two commissioners advise Republican lawyer Mark Wallace to “stop whining” about so many “questionable” ballots. Meyer also writes about being pursued in the parking lot by a Republican activist who follows him to his car, shouting, “Go back to Massachusetts!” [American Prospect, 12/14/2000]
Senate Majority Leader Tom Daschle (D-SD) tells an interviewer on NBC’s Meet the Press that he “truly” believes Vice President Al Gore won the Florida presidential election. “I’ve talked with most of my colleagues,” he says, “and there isn’t any interest in conceding anything at this point.” Later in the morning, Senator Bob Dole (R-KS) expresses a different view on ABC’s This Week, telling the audience, “If George Bush is certified the winner at 5 or 6 o’clock tonight, I think the great majority of the American people will say, ‘Enough is enough.’” [US News and World Report, 12/13/2000]
Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), rejects a request by Palm Beach County election officials to give them a brief extension on turning in their recount tallies (see 3:00 p.m., November 16, 2000). This morning, Republican lawyers successfully disrupted the recounting for an hour by arguing about the order in which precincts should be handled (see 4:00 a.m. November 26, 2000). The county misses the 5:00 p.m. deadline by less than three hours, and thusly leaves almost 2,000 ballots unrecounted, though officials continue to count the remaining ballots. Harris decides to reject Palm Beach’s request after conferring with Mac Stipanovich, a Florida Republican lobbyist serving as her political “handler” (see Mid-Morning, November 8, 2000). [US News and World Report, 12/13/2000; Vanity Fair, 10/2004; Leip, 2008] Some media reports say that Democrat Al Gore picked up some 46 votes in the Palm Beach recount, though these votes are not added to the tally; Harris dubs Palm Beach’s entire recount null and void. [Guardian, 11/27/2000; Vanity Fair, 10/2004] Steven Meyer, an election observer for the Democratic Party, writes that when the 5:00 deadline arrived, election officials “had reviewed the challenged ballots in all but 51 of the 637 precincts and Gore had received a net gain of 192 votes in the manual recount.” The entire recount is finished by 7:20 p.m., and Gore’s net gain is 215 votes. Meyer learns that though Harris refused to accept the recount votes from Palm Beach County because it missed the deadline, she had accepted recounts from counties where Bush showed slight gains. Meyer writes, “This resulted in the 537 vote ‘official’ lead that the media is reporting.” Of the recount process itself, Meyer writes: “The Republican spin is that all votes have been counted by machine at least twice in every county. The only trouble is the machines don’t read every vote. The counting includes much more than simply reading the dimpled ballots. In our hand recount, we found many, many ballots on which the voter had indicated a preference, but not punched the ballot in the prescribed way. On some ballots, the voter had darkened in the numbers in each race for the candidate he or she wanted. On others, the voter punched out two different numbers, but wrote ‘Mistake’ or something equally as clear, with an arrow pointing to one of the holes. This shows clear intent to cast a vote for one candidate. The tabulating machine records this as an ‘overvote’ because more than one candidate’s number is punched, and the ballot is disqualified in the machine count.” [American Prospect, 12/14/2000]
Bush supporters in Florida celebrate Katherine Harris’s decision to certify Bush as the winner of the 2000 election. [Source: Salon]Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), certifies George W. Bush (R-TX) the winner of Florida’s presidential election, though according to a Florida Supreme Court ruling she can choose to accept recount tallies through November 27 (see November 20-21, 2000). She chooses not to do so. Harris says Bush has a 537-vote lead. Her totals are: Bush, 2,912,790; Vice President Al Gore (D-TN), 2,912,253. The totals include none of the recounted ballots from either Palm Beach or Miami-Date Counties, both of which did not complete their recounts by Harris’s deadline (see 9:00 a.m. and after, November 22, 2000 and 2:45 p.m. November 26, 2000). Ongoing legal actions by both parties keep the election in doubt. Regardless, Governor Jeb Bush, George W. Bush’s brother, signs the Certificate of Ascertainment designating 25 Florida electors pledged to George W. Bush and transmits the document to the National Archives as required by Title 3, US Code, Section 6. Three days later, a Florida legislative committee will recommend a special session to name the state’s 25 representatives to the Electoral College, where they will presumably cast their votes for Bush. [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] If Bush is indeed the winner of the Florida presidential election, he has enough electoral votes to assume the presidency (see November 9, 2000). The Gore campaign refuses to accept Harris’s certification, and says it will ask Florida courts to order recounts of thousands of disputed votes. Gore’s running mate Joe Lieberman says, “This evening, the secretary of state of Florida has decided to certify what—by any reasonable standard—is an incomplete and inaccurate count of the votes cast in the state of Florida.” The Gore campaign is working out details of what will be a formal “contest” of the results, and will ask a state judge to order court-appointed “special masters” to complete interrupted recounts of about 2,000 uncounted votes in Palm Beach County and 10,700 uncounted votes in Miami-Dade County. They also want an inquiry into the Nassau County returns, where Gore officials believe Bush was wrongly credited with some 51 votes, and are considering challenging the legality of Palm Beach’s controversial “butterfly ballots.” Gore’s chief lawyer David Boies says: “We’re preparing contest papers that will be filed Monday, as early in the day as we can get them done. Until these votes are counted, this election cannot be over.” Republicans intend to use Harris’s ruling to publicly pressure Gore into conceding the election, pressure the Gore campaign says it is prepared to combat. Miami-Dade County, expected to yield enough votes in a recount to swing the election in favor of Gore, called off its recount under pressure from Republican protesters and due to time constraints (see 9:00 a.m. and after, November 22, 2000). [Salon, 11/25/2000; Guardian, 11/27/2000; Guardian, 11/28/2000] Investigative reporter Robert Parry will later write that Harris deliberately allowed Nassau County to throw out its recounted figures that gave Gore the 51 votes. [Consortium News, 8/5/2002] A brief furor ensues when some media outlets mistakenly report that 500 absentee ballots “not previously counted” were discovered in Broward County. The story is not true. [Salon, 11/25/2000] According to state law, it is only now that Gore can ask for a statewide recount. [Vanity Fair, 10/2004] Former President Jimmy Carter tells a reporter: “More than two weeks will remain before Florida’s 25 electors will have to be named, and then two more months before a new president will be sworn into office. We must not sacrifice speed for accuracy in deciding who has been chosen by the voters to take that oath.” [Salon, 11/25/2000]
Entity Tags: Al Gore presidential campaign 2000, Florida Supreme Court, Albert Arnold (“Al”) Gore, Jr., County of Miami-Dade (Florida), County of Broward (Florida), George W. Bush, County of Palm Beach (Florida), Katherine Harris, Robert Parry, James Earl “Jimmy” Carter, Jr., George W. Bush presidential campaign 2000, Joseph Lieberman, John Ellis (“Jeb”) Bush
Timeline Tags: 2000 Elections
Refusing to accept the certification of George W. Bush as the winner of the Florida presidential election (see 7:30 p.m. November 26, 2000), Vice President Al Gore’s campaign files an election contest action challenging the election results in Palm Beach, Miami-Dade, and Nassau Counties. Gore campaign officials believe Gore was denied a net gain of over 1,100 uncounted votes in Palm Beach and 750 in Miami-Dade (see November 7, 2000). In Nassau, Gore officials believe Bush was wrongly credited with 51 votes. “The vote totals reported in the election canvassing commission’s certification of November 26, 2000, are wrong,” Gore lawyers allege in court filings. It is the first formal contest challenge in the history of US presidential elections. The case is assigned by random computer selection to Judge N. Saunders Sauls. Gore lawyers also challenge vote totals in three Florida counties, and ask a state judge to order a manual recount of some 13,000 ballots in Palm Beach and Miami-Dade Counties that showed no votes for president on machine runs (so-called “undervotes”). Gore lawyers also file an emergency motion to accelerate the contest proceedings, a motion that Bush lawyers will challenge the next day. Bush campaign lawyers file an appeals court motion seeking to delay oral arguments in a pending federal case challenging Florida’s hand recounts. A Seminole County lawsuit seeking to throw out some 4,700 absentee ballots for technical reasons (see November 12, 2000, November 15-17, 2000, and November 17, 2000) is moved to a state court in Leon County, which is also hearing the Gore campaign’s certification challenges. And a lawsuit challenging the validity of Palm Beach County’s “butterfly ballot” (see 10:46 a.m. November 20 - November 22, 2000) goes to the Florida Supreme Court, which will reject the suit on December 1. [Guardian, 11/28/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Entity Tags: County of Seminole (Florida), County of Leon (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Miami-Dade (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, George W. Bush, County of Nassau (Florida)
Timeline Tags: 2000 Elections
After Florida Secretary of State Katherine Harris, the co-chair of Florida’s Bush campaign team (see After 3:30 a.m. November 8, 2000 and After), certifies George W. Bush (R-TX) the winner of Florida’s presidential election (see 7:30 p.m. November 26, 2000), the Bush campaign continues publicly—“ostentatiously,” to quote one London newspaper—preparing for Bush to transition into the White House, naming possible cabinet members and requesting that the General Services Administration (GSA) fund a transition office for Bush to prepare to ascend to the presidency. Andrew Card, a former General Motors executive whom Bush has said will be his chief of staff, says of Bush, “He’s getting ready to be a great president.” Bush’s chief of staff in Texas, Clay Johnson, heads the transition team and Ari Fleischer serves as press secretary. Senate Majority Leader Trent Lott (R-MS) has told Senate committee chairpersons to convene their members on January 4, 2001 to begin confirmation hearings on Bush cabinet nominees. The GSA, however, has not gone along with the push. GSA officials say that the 80,000 square feet of Washington office space will stay locked until either Bush or Democrat Al Gore is certified as president. Instead, says Bush’s running mate Dick Cheney, the campaign will set up transition offices funded by private contributions. “We feel it is our obligation to the American people to honor their votes by moving forward and assembling the administration they’ve chosen,” he says. [Guardian, 11/28/2000; Forbes, 2011]
Democratic Congressional leaders Senator Tom Daschle (D-SD) and Representative Richard Gephardt (D-MO) hold a televised conference call with Vice President Al Gore and his running mate, Senator Joe Lieberman (D-CT), in a show of support for the Gore campaign efforts to stop Florida from certifying George W. Bush as the winner of the state presidential race (see 7:30 p.m. November 26, 2000). “What we’re talking about involves many thousands of votes that have never been counted at all,” Gore tells Daschle and Gephardt. [Guardian, 11/28/2000; US News and World Report, 12/13/2000]
Five minutes before the start of the Monday Night Football broadcast, Vice President Al Gore delivers a brief, nationally televised address defending his decision to contest the election (see November 27, 2000). “Our Constitution matters more than convenience,” he tells viewers. All he wants, he says, is “a complete count of all the votes cast in Florida,” noting that “many thousands of votes… have not yet been counted at all, not once.” [US News and World Report, 12/13/2000]
The Gore presidential campaign asks Leon County Circuit Court Judge N. Saunders Sauls to authorize an immediate recount of about 14,000 disputed “undervote” ballots. Instead of ordering an immediate recount, Sauls orders the disputed ballots, sample voting booths, and voting machines from Miami-Dade and Palm Beach counties brought to his courtroom in Tallahassee by Friday, December 1—a total of 1.1 million ballots, posing a tremendous logistical challenge to election boards in the two counties. On November 30, a truck carrying more than 460,000 presidential ballots from Palm Beach County leaves on its way to Tallahassee as ordered by Sauls. On December 1, two more trucks carrying over 654,000 ballots begin the long drive to Tallahassee from Miami. On December 1, the Bush campaign asks Sauls to have another 1.2 million ballots trucked in from Volusia, Broward, and Pinellas Counties; Bush campaign spokesman Scott McClellan says, “We believe there were a number of illegal votes for Gore in those counties.” Sauls does not grant this request. The trial begins on December 2, with Gore’s lawyers arguing, “There is no reason to delay counting ballots even one day.” Bush’s lawyers advance a number of arguments against expediting or even conducting the recounts, including the position that the dispute is not between Bush and Gore, but between two disparate groups of Florida electors. Bush lawyers also say that Gore’s lawyers missed a 10-day deadline to file such challenges; manually recounting only some ballots is illegal; and the recounts the Gore campaign wants are “illegal, inappropriate, and manifestly unfair.” On December 4, Sauls rules against the Gore campaign (see 4:43 p.m. December 4, 2000). [US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008; Guardian, 11/30/2008; Guardian, 12/1/2008]
Entity Tags: County of Pinellas (Florida), County of Broward (Florida), Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, County of Leon (Florida), County of Palm Beach (Florida), George W. Bush presidential campaign 2000, N. Saunders Sauls, Scott McClellan, George W. Bush, County of Volusia (Florida), County of Miami-Dade (Florida)
Timeline Tags: 2000 Elections
Vice President Al Gore leaves the vice-presidential residence in Washington and publicly asks the Bush campaign to stop trying to “run out the clock” on further recounts in Florida. “This is not a time for… procedural roadblocks,” Gore says (see November 27, 2000). [US News and World Report, 12/13/2000]
Pundit and editor Michael Kelly, recently fired by the New Republic for his continued partisan attacks on the Gore campaign, accuses Democratic presidential candidate Al Gore and his campaign of trying to steal the Florida election, and the presidency, through the courts. Kelley says that Gore’s “theft” is being facilitated by the Democratic Party. Kelly falsely states that most polls show “60 percent to 70 percent” of Americans want Gore to concede immediately (see November 12 - December 10, 2000), and says, again falsely, that Democratic “leaders and elders” are working in “virtual lockstep” to “stand behind their defeated candidate’s unprecedented defiance of democracy’s national edict” (see November 8, 2000, Morning, November 8, 2000, and November 10, 2000). The “Clinton-Gore crowd,” Kelly writes, has “created a crisis that would wreak more destruction than” the Clinton impeachment. “But with these men of fathomless selfishness, there is always more damage to be done. There is always another institution, another principle, another person that must be destroyed—for the greater good of their greater power.” Kelly says that Gore has relentlessy ignored “the results of a fair and full recount that confirmed his loss (see Early Morning, November 8, 2000 and November 9, 2000), and demanded hand recounts only in selected Democratic counties” (see November 9, 2000). Kelly goes on to claim that Gore manipulated the Florida courts to “rewrit[e] Florida election law” to continue the standoff, “and still lost—a third time—to Bush.” When Gore promises to stand by the results of the manual recounts, Kelly says he is “lying” and has no such intentions. Kelly calls into question the Democratic election officials’ figures in Broward County, accusing the two Democratic officials of inventing votes over the objections of the single Republican official. Kelly concludes: “Democrats accuse Republicans of seeking to delegitimize a Gore presidency. Gore seeks more; if he doesn’t get his way he threatens to delegitimize democracy itself. Got to burn that village down.” [Jewish World Review, 11/29/2000; Center for American Progress, 12/9/2010]
The clerks for the four liberal justices at the Supreme Court—John Paul Stevens, Stephen Breyer, David Souter, and Ruth Bader Ginsburg—continue their speculation as to whether the Court will actually attempt to decide the presidential election ((see November 20-21, 2000 and November 22-24, 2000), especially in light of Florida’s recent attempt to certify George W. Bush as the winner (see 7:30 p.m. November 26, 2000). At a November 29 dinner attended by clerks from several justices, a clerk for Justice Sandra Day O’Connor tells the group that O’Connor is determined to overturn the Florida Supreme Court’s decision to go ahead with manual recounts of election ballots (see 3:00 p.m., November 16, 2000). One clerk recalls the O’Connor clerk saying, “she thought the Florida court was trying to steal the election and that they had to stop it.” O’Connor has the reputation of deciding an issue on her “gut,” then finding legal justifications for supporting her decision. Unbeknownst to anyone outside the Court, O’Connor has already made up her mind. Gore lawyers in particular will spend endless hours trying to craft arguments to sway her vote, when the actual case will come down to Justice Anthony Kennedy, who originally wanted to accept the case. Many clerks of both liberal and conservative justices have little respect or regard for Kennedy. They consider him, according to a 2004 Vanity Fair article, “pompous and grandiloquent.” They believe he fills his office with elaborate, expensive decorations and trappings, including an elaborate chandelier, to give the idea of his power and importance. “The clerks saw his public persona—the very public way in which he boasted of often agonizing over decisions—as a kind of shtick, a very conspicuous attempt to exude fairness and appear moderate, even when he’d already made up his mind,” according to the Vanity Fair article. Conservative clerks suspect Kennedy of untoward liberal leanings, and have taken steps to ensure that the clerks he receives are ideologically sound. One liberal clerk later explains the conservative justices’ reasoning, saying, “The premise is that he can’t think by himself, and that he can be manipulated by someone in his second year of law school.” By now, Kennedy is surrounded by clerks from the hard-right Federalist Society. “He had four very conservative, Federalist Society white guys, and if you look at the portraits of law clerks on his wall, that’s true nine times out of 10,” another liberal law clerk will recall. “They were by far the least diverse group of clerks.” The conservative and liberal clerks do not socialize with one another as a rule, so it is unusual when, a day after the clerk dinner, Kevin Martin, a clerk for conservative justice Antonin Scalia, visits Stevens’s chambers. Martin went to Columbia Law School with Stevens’s clerk Anne Voigts, and he wants to see if he can explain to her the conservatives’ judicial point of view. However, two other Stevens clerks, Eduardo Penalver and Andrew Siegel, believe Martin is on some sort of reconnaissance mission, attempting to find out what grounds Stevens will cite to argue against overturning the Florida decision. Penalver and Siegel believe Martin is trying to manipulate Voigts, and Martin, after telling them to “F_ck off!” storms out of Stevens’s chambers. Clerks from O’Connor’s staff pay similar visits to other liberal justices, though these conversations do not end so contentiously. [Vanity Fair, 10/2004] O’Connor said to partygoers when the news networks announced the election for Al Gore, “This is terrible” (see After 7:50 p.m. November 7, 2000).
Entity Tags: Eduardo Penalver, Anthony Kennedy, Anne Voigts, Andrew Siegel, Albert Arnold (“Al”) Gore, Jr., David Souter, US Supreme Court, Vanity Fair, Sandra Day O’Connor, George W. Bush, Florida Supreme Court, Federalist Society, Antonin Scalia, Kevin Martin, John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer
Timeline Tags: 2000 Elections, Civil Liberties
Dick Cheney, the Republican candidate for vice president, orders the opening of a transition office in McLean, Virgina, for the presumptive transfer of power from President Clinton to “President-elect” Bush (see November 27, 2000 and After). The General Services Administration, citing the still-disputed election, refuses to allocate funds or office space to Bush, so Cheney uses private donations to open the office. [Leip, 2008] Cheney made a press announcement of the decision three days earlier. [US News and World Report, 12/13/2000]
A Republican-dominated panel in the Florida Legislature votes to recommend convening a special session of the legislature (see 1:00 p.m. November 28, 2000) to designate the state’s 25 electors and send them to Washington to cast the state’s ballots for George W. Bush even if the election is not resolved by December 12, when all states are to officially certify a winner of their presidential contests. The previous day, Florida Governor Jeb Bush, the brother of George W. Bush, said it would be an “act of courage” for the legislature to call a special session “if it was the appropriate thing to do.” The legality of designating electors in such a fashion is questionable; Democratic vice-presidential candidate Senator Joe Lieberman says such a decision “threatens to put us into a constitutional crisis.” Shortly after Lieberman’s comments, candidate Bush meets with reporters outside his Crawford, Texas, ranch, flanked by vice-presidential candidate Dick Cheney and putative Bush Secretary of State designate General Colin Powell. Bush says, “One of our strategies is to get this election ratified, and the sooner the better for the good of the country.” [US News and World Report, 12/13/2000; Guardian, 11/30/2008]
A set of documents is forged implicating Iraq in an attempt to purchase 500 tons of uranium oxide, also known as “yellowcake,” from Niger. [Agence France-Presse, 7/19/2003; Reuters, 7/19/2003; New Yorker, 10/27/2003; Talking Points Memo, 10/31/2003; La Repubblica (Rome), 10/24/2005] It is possible that official stamps and letterhead stolen from the Niger embassy in Rome (see January 2, 2001) are used to fabricate the documents, though a subsequent police investigation suggests that the break-in may have been staged to provide a cover story for the origins of the documents. [Isikoff and Corn, 2006, pp. 88] Material gleaned from real Italian intelligence (SISMI) documents dating back to the 1980s concerning Iraq’s yellowcake purchases from Niger during that period are also incorporated into the set of forged documents. [La Repubblica (Rome), 10/24/2005; San Francisco Chronicle, 10/30/2005] But it is unclear who exactly is responsible for the forgeries. In August 2004, the Financial Times will report that according to Rocco Martino, the Italian information peddler who later tries to sell the documents, the documents are fabricated by SISMI, which passes them on to Martino through embassy employee Laura Montini, a paid SISMI asset. [Financial Times, 8/2/2004] In October 2005, the Italian newspaper La Repubblica will suggest the forgery is done by Montini and fellow embassy employee Zakaria Yaou Maiga under the guidance of Martino and Antonio Nucera, the deputy chief of the SISMI center in Viale Pasteur in Rome. [La Repubblica (Rome), 10/24/2005] In 2006, an official investigation will add support to this account, concluding that Montini and Maiga, motivated by money, were indeed the forgers of the documents. [Sunday Times (London), 4/9/2006] SISMI director Nicolo Pollari will later acknowledge that Martino had worked as a SISMI agent in the past, but deny any SISMI involvement in the Iraq-Niger affair. “[Nucera] offered [Martino] the use of an intelligence asset [Montini]—no big deal, you understand—one who was still on the books but inactive—to give a hand to Martino,” Pollari will explain. Author Craig Unger will observe that the issue is, if Pollari is to be believed, just one friend helping another friend by loaning him an intelligence asset to help disseminate forged documents. Martino has a different explanation: “SISMI wanted me to pass on the documents, but they didn’t want anyone to know they had been involved.” The information is quite contradictory. The Italian newspaper La Repubblica will call Martino “a failed carabiniere and dishonest spy,” and a “double-dealer” who “plays every side of the fence.” But Unger will later note that assets like him are valuable precisely because they lack credibility. “If there were a deep-cover unit of SISMI, it would make sense to hire someone like Rocco,” says former DIA analyst Patrick Lang. “His flakiness gives SISMI plausible deniability. That’s standard tradecraft for the agencies.” Until Martino stops talking to journalists in 2005, he will insist he believed the documents were authentic (see Summer 2004). “I sell information, I admit,” he will tell a London reporter. “But I only sell good information.” [Unger, 2007, pp. 236]
The US Supreme Court hears oral arguments on the Bush presidential campaign’s challenge on constitutional grounds of Florida Supreme Court’s ruling on selective manual recounts (see November 20-21, 2000). The case is Bush v. Palm Beach Canvassing Board. Throngs of protesters surround the Supreme Court building. Inside, the justices’ questions indicate that they are divided on the legality of the Florida high court’s intervention, and some justices seem to think that Florida courts should resolve the issue. Justice Anthony Kennedy says, “We’re looking for a federal issue.” Justice Stephen Breyer asks, “What’s the consequence of our going one way or the other now in this case?” Observers will later describe Laurence Tribe, an experienced Supreme Court litigator representing the Gore campaign, as listless and flat, while Theodore Olson, arguing the Bush campaign’s case, is “more impressive.” Chief Justice William Rehnquist and Justice Antonin Scalia give the impression that they believe the Florida Supreme Court encroached on the Florida legislature’s bailiwick. Justices Kennedy and Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) express their irritation with the Gore arguments. When the arguments are over, the justices meet in chambers for the usual conference. At one end of the argument is Scalia, who wants to overturn the Florida decision and in essence award George W. Bush the election, and at the other, Justice John Paul Stevens, who wants the Court to stay out of the case altogether. Neither justice can command a majority among the other seven. Rehnquist begins drafting a ruling asking the Florida high court to clarify its ruling, to cite the state constitution in its decision (which the Bush team had argued would have been improper), or under state law (which the Bush team had found arguably permissible). All nine justices eventually sign onto Rehnquist’s opinion. A 2004 Vanity Fair article will observe: “The unanimity was, in fact, a charade; four of the justices had no beef at all with the Florida Supreme Court, while at least four others were determined to overturn it. But this way each side could claim victory: the liberal-to-moderate justices had spared the Court a divisive and embarrassing vote on the merits, one they’d probably have lost anyway. As for the conservatives, by eating up Gore’s clock—Gore’s lawyers had conceded that everything had to be resolved by December 12—they had all but killed his chances to prevail, and without looking needlessly partisan in the process. With the chastened Florida court unlikely to intervene again, the election could now stagger to a close, with the Court’s reputation intact, and with Bush all but certain to win.” On December 4, in a setback for the Gore campaign, the Court unanimously sets aside the Florida Supreme Court ruling and remands for clarification the Florida Supreme Court’s decision. [Supreme Court of the United States, 12/4/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Vanity Fair, 10/2004; Leip, 2008]
Entity Tags: George W. Bush, Antonin Scalia, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, Florida Supreme Court, William Rehnquist, Sandra Day O’Connor, US Supreme Court, County of Palm Beach (Florida), Laurence Tribe, John Paul Stevens, Theodore (“Ted”) Olson, George W. Bush presidential campaign 2000, Vanity Fair, Stephen Breyer
Timeline Tags: 2000 Elections
In televised interviews, Dick Cheney, the Republican vice-presidential candidate, urges Vice President Al Gore, the Democratic presidential candidate, to drop his legal challenges and concede defeat to Republican presidential contender George W. Bush. Gore says he has given little thought to any such concession. [Pittsburgh Post-Gazette, 12/17/2000]
Two lawsuits filed by Florida Democrats challenging the validity of some Florida absentee ballots are heard in Tallahassee. Judge Nikki Clark hears the Seminole County absentee ballot case (see November 12, 2000, November 15-17, 2000, November 17, 2000, and November 27, 2000) and Judge Terry Lewis presides over a similar challenge filed against Martin County ballots. (The Gore campaign has declined to join either lawsuit, though Vice President Al Gore has said it “doesn’t seem fair to me” that Republicans but not Democratic operatives in those counties were allowed to add and correct voter ID numbers on absentee ballot applications. The Bush campaign has joined the opposing side of both lawsuits.) Both Clark and Lewis reject the lawsuits. The Florida Supreme Court will uphold their rulings. [US News and World Report, 12/13/2000; Leip, 2008] Democratic leaders are beginning to edge away from continued support for Gore’s attempts to secure the election. Senator Richard Durbin (D-IL) says, “This is coming to an end.” A George W. Bush presidency, he says, “looks more and more” likely. [Guardian, 12/8/2000]
The Bush campaign continues to engage in pre-inaugural transition activities, giving the public the impression that George W. Bush has won the presidency and is preparing to assume the office (see November 27, 2000 and After). After meeting with his foreign policy advisor Condoleezza Rice, Bush says he has “pretty well made up my mind” on whom to name to his White House staff. His transition team’s slogan is “Bringing America Together.” [US News and World Report, 12/13/2000]
Florida Senate President John McKay and House Speaker Tom Feeney, both Republicans, announce a special session of the Florida Legislature that will convene on December 8 to consider designating its own slate of electors should the results of the Florida vote remain tied up in the courts (see 11:45 a.m. November 30, 2000). The last time a legislature chose electors was 1876. House Democratic Minority Leader Lois Frankel says that “it is just plain wrong for the Florida Legislature to elect the next president of the United States.” [US News and World Report, 12/13/2000]
David Boies. [Source: BBC]The Florida Supreme Court hears arguments from both the Gore and Bush presidential campaigns in Al Gore’s appeal of a ruling that rejected his campaign’s request to mandate recounts in three Florida counties (see 9:00 a.m. November 30, 2000 and After). Bush campaign lawyer Barry Richard argues that there is no “evidence to show that any voter was denied the right to vote” and calls the Gore campaign’s contest “a garden-variety appeal.” Gore lawyer David Boies contends that while time is running out, “the ballots can be counted” before the December 12 deadline for naming electors. In a 4-3 decision, the Court reverses the decisions of Judge N. Saunders Sauls (see 4:43 p.m. December 4, 2000), ordering recounts of “undervotes” in Miami-Dade and Palm Beach counties as well as all other Florida counties that have not yet manually recounted undervotes. “Undervotes” are noted on ballots that were not recorded by voting machines as making a choice for president. The Court also directs the lower court to add 168 votes from Miami-Dade and 215 votes from Palm Beach to Gore’s state totals, narrowing the George W. Bush lead to a mere 154 votes. London’s Guardian observes, “That margin could easily be overturned with a recount of the disputed ballots which mainly came from Democratic precincts in Miami-Dade.” Perhaps 45,000 undervotes statewide remain to be counted. Bush campaign attorney James Baker says the Court’s ruling may “disenfranchise Florida’s votes in the Electoral College.” Congressional Democrats Richard Gephardt (D-MO) and Tom Daschle (D-SD) release a joint statement calling for a “full, fair, and accurate vote count,” and saying there is “more than enough time to count ballots cast but never counted.” Within hours, Bush lawyers ask the US Supreme Court for an emergency stay of the decision, which will be granted (see December 8-9, 2000). [Supreme Court of Florida, 12/8/2000 ; Guardian, 12/9/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The Court decision is also seen as something of a repudiation of the Supreme Court’s earlier decision for clarification (see 10:00 a.m. December 1 - 4, 2000). Clerks for the Supreme Court justices are now certain that their Court will decide the presidential election. Justice Antonin Scalia, the most implacable of the conservative justices determined to overturn the Florida high court and give the election to Bush, wants to grant the Bush request for a stay even before receiving the Gore lawyers’ response, a highly unusual request that is not granted. He argues that the manual recounts are in and of themselves illegitimate, and says the recounts will cast “a needless and unjustified cloud” over Bush’s legitimacy. It is essential, he says, to shut down the process immediately. Clerks for both the liberal and conservative justices are amazed, and some appalled, at how bluntly Scalia is pushing what appears to be a partisan agenda. [Vanity Fair, 10/2004]
Entity Tags: David Boies, Barry Richard, Antonin Scalia, Al Gore presidential campaign 2000, County of Palm Beach (Florida), US Supreme Court, Richard Gephardt, The Guardian, N. Saunders Sauls, Tom Daschle, James A. Baker, George W. Bush presidential campaign 2000, Florida Supreme Court, County of Miami-Dade (Florida)
Timeline Tags: 2000 Elections
The Bush campaign seeks stays in the Florida Supreme Court, the Eleventh Circuit Court of Appeals, and the US Supreme Court regarding the acceptance of 43,852 “undervote” recounts in Florida counties. Most importantly, the Bush campaign also asks the US Supreme Court for a writ of certiorari, which would declare its candidate the winner of the Florida presidential election. Both the Florida Supreme Court and Eleventh Appeals Court refuse to issue the stay. Most observers believe that if the recounts are completed and their vote totals tabulated, Democrat Al Gore will win enough votes to win Florida, and thusly become president. Currently Republican George W. Bush has a mere 193-vote lead (see December 7-8, 2000), and recount totals from Miami-Dade County alone are expected to give Gore more than this amount. One example of the problematic situation in Florida is with Duval County, which includes the city of Jacksonville, where claims of massive African-American disenfranchsement and discrimination (see November 7, 2000) have already tainted the balloting. Duval has 4,967 undervotes, but they are mixed in with 291,000 others, all stored in boxes in a vault. The all-Republican electoral board, as seen on national television, has begun examining ballots, but as The Guardian observes, “with such painstaking reluctance to proceed, it amounted to an effective filibuster.” Democratic spokeswoman Jenny Backus tells reporters, “What we’ve heard is that they’re going to try to slow this down by every means they can.” However, the US Supreme Court issues the requested stay and the undervote tabulation stops. The Court does not issue the requested writ of certiorari. [Supreme Court of the United States, 12/8/2000 ; Supreme Court of the United States, 12/9/2000 ; Guardian, 12/10/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008] The divide among the nine US Supreme Court justices is plain. The five conservative justices, led by Antonin Scalia, have since December 4 been circulating memos among themselves and their clerks, bouncing various arguments off one another in what the liberal justices’ clerks feel is an attempt to audition and solidify their arguments in favor of overturning the Florida high court’s decision and giving the presidency to Bush. The four liberal justices, led by John Paul Stevens, have long felt that the Court had no business being involved in the issue, that it was instead up to the Florida judiciary and legislature to settle the matter. Stevens, writing the anticipated dissent for the minority, has to ask the majority for more time to complete his dissent, so eager are they to issue their ruling. When Scalia sees in Stevens’s dissent the line that says, “counting every legally cast vote cannot constitute irreparable harm”—a direct rebuke to Scalia’s earlier argument that the Florida recounts would do “irreparable harm” to a Bush presidency—Scalia inadvertently delays the proceedings to write his own angry rejoinder, which reads in part, “Count first, and rule upon legality afterwards, is not a recipe for producing election results that have the public acceptance democratic stability requires.” Scalia’s nakedly partisan stance discomfits even some of the other conservative justices’ clerks and angers the liberal clerks. “The Court had worked hard to claim a moral high ground, but at that moment he pissed it away,” one later recalls. “And there was a certain amount of glee. He’d made our case for us to the public about how crassly partisan the whole thing was.” After Scalia finishes his rejoinder, the Court issues its stay, stopping all further recounts. Gore himself, unaware of the arguments and partisanship dividing the Court, still holds out hope that one of the conservatives—O’Connor or Anthony Kennedy, perhaps (see After 7:50 p.m. November 7, 2000 and (November 29, 2000))—can be reached. “Please be sure that no one trashes the Court,” he admonishes his staffers. Gore decides to have campaign lawyer David Boies instead of Laurence Tribe argue the campaign’s case in the upcoming arguments, perhaps hoping that Boies, more moderate than the outspokenly liberal Tribe, might win some support from either Kennedy or O’Connor. Boies has also been representing Gore in Florida, and can presumably reassure the justices of the fundamental fairness of what is happening there. The liberal clerks have no such illusions. What hopes they have now are pinned on the press. One has heard a rumor that the Wall Street Journal is preparing to publish a story reporting that O’Connor had been overheard at a dinner party expressing her opposition to a Gore presidency; that report, the clerks hope, might force O’Connor to recuse herself from the decision and tie the court at 4-4. However, O’Connor has no such intention. Gore’s lawyers, aware of O’Connor’s statements, consider asking her to recuse herself, but decide instead to restrain themselves in hopes that she will, according to a 2004 Vanity Fair article, “now lean toward them to prove her fairness.” [Vanity Fair, 10/2004]
Entity Tags: County of Miami-Dade (Florida), Wall Street Journal, County of Duval (Florida), Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, The Guardian, John Paul Stevens, Laurence Tribe, George W. Bush presidential campaign 2000, George W. Bush, Sandra Day O’Connor, Florida Supreme Court, Jenny Backus, Antonin Scalia, David Boies
Timeline Tags: 2000 Elections
An artist’s rendition of the nine Court justices hearing oral arguments in the ‘Bush v. Gore’ case. [Source: Authentic History]The US Supreme Court begins hearing oral arguments in the lawsuit Bush v. Gore on the Florida recounts and election results. The Bush campaign has challenged the legality of a Florida Supreme Court ruling mandating the recounting of “undervote” ballots (see December 7-8, 2000). Bush lawyers argue that manual recounts violate the Constitution’s mandate of equal protection. Gore lawyers argue that the overriding issue is the importance of counting each vote cast. By the afternoon, the public is hearing the arguments via audiotapes. Justice Antonin Scalia, one of the Court’s most hardline conservatives, drew criticism when he said in an earlier opinion that the majority of the Court believed that George W. Bush had “a substantial probability of success,” a conclusion disputed by other justices such as John Paul Stevens. Scalia now says that he is inclined to vote in favor of Bush because, he says, “the counting of votes that are of questionable legality does in my view threaten irreparable harm [to Bush]” (see December 8-9, 2000). [Guardian, 12/11/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Kennedy Determines that 'Equal Protection' Is Key to Reversing Florida Decision - Al Gore’s lawyers, led by David Boies, believe that one of the Bush team’s arguments is flawed: the idea that the Florida Supreme Court exceeded its bounds restricts one appellate court far more than another appellate court is willing to condone. Unbeknownst to the Gore lawyers, Justice Anthony Kennedy agrees with the Gore team on this issue. Kennedy has no intention of finding in favor of the Gore position, but he does want the other four conservatives on the bench to come together behind the Bush argument that using different standards for ballot evaluation in different counties violates the equal-protection clause of the Constitution, an argument that most of the justices, litigants, and clerks have not considered up until now. As a practical matter, enforcing a single standard of ballot evaluation among the disparate Florida counties would be virtually impossible. And the Court under the leadership of Chief Justice William Rehnquist has, until now, been reluctant to interpret the equal-protection clause except in the narrowest of circumstances. Neither the Bush nor the Gore lawyers had given that argument a lot of attention, but it will prove the linchpin of the Court’s majority decision. As oral arguments proceed, and Kennedy pretends to not understand why this is a federal argument, clerks for the liberal justices find themselves sourly amused at Kennedy’s pretense. “What a joke,” one says to another. When Kennedy cues Bush lawyer Theodore Olson that he is interested in the equal protection clause as an argument—“I thought your point was that the process is being conducted in violation of the equal-protection clause, and it is standardless”—Olson quickly pivots and begins building his case under that rubric. Liberal justices Stephen Breyer and David Souter use the equal-protection argument to suggest that the best and simplest solution is simply to remand the case back to the Florida Supreme Court and ask it to set a uniform standard. Breyer has been working for days to convince Kennedy to join the four liberals in sending the case back to Florida, and for a time during the oral arguments, believes he may have succeeded. The liberal clerks have no such hopes; they believe, correctly, that Kennedy is merely pretending to consider the option. “He probably wanted to think of himself as having wavered,” one clerk later says. A brief private chat with Scalia and his clerks during oral arguments may have swayed Kennedy back into the fold, assuming he is wavering at all.
Demands for Identical Standards among All Florida Counties - Justice Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) rails at Boies over the idea that the 67 counties cannot all have the same standards of ballot evaluation, and shows impatience with Boies’s explanation that for over 80 years, the Florida courts have put the idea of “voter intent” over identical ballot identification standards. [Vanity Fair, 10/2004]
Entity Tags: David Souter, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, William Rehnquist, US Supreme Court, Sandra Day O’Connor, Stephen Breyer, Theodore (“Ted”) Olson, George W. Bush, George W. Bush presidential campaign 2000, John Paul Stevens, Florida Supreme Court, Antonin Scalia
Timeline Tags: 2000 Elections
The US Supreme Court issues a ruling in Bush v. Gore (see December 11, 2000) that essentially declares George W. Bush (R-TX) the winner of the Florida presidential election, and thusly the winner of the US presidential election (see Mid-to-Late November 2000). The decision in Bush v. Gore is so complex that the Court orders that it not be used as precedent in future decisions. The 5-4 decision is split along ideological lines, with Justices Sandra Day O’Connor (see After 7:50 p.m. November 7, 2000 and (November 29, 2000)) and Anthony Kennedy, two “moderate conservatives,” casting the deciding votes. In the per curium opinion, the Court finds: “Because it is evident that any recount seeking to meet the Dec. 12 date will be unconstitutional… we reverse the judgment of the Supreme Court of Florida ordering the recount to proceed.… It is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work.” The decision says that the recounts as ordered by the Florida Supreme Court suffer from constitutional problems (see December 7-8, 2000). The opinion states that differing vote-counting standards from county to county and the lack of a single judicial officer to oversee the recount violate the equal-protection clause of the Constitution. The majority opinion effectively precludes Vice President Al Gore from attempting to seek any other recounts on the grounds that a recount could not be completed by December 12, in time to certify a conclusive slate of electors. The Court sends the case back to the Florida Supreme Court “for further proceedings not inconsistent with this opinion.” Four justices issue stinging dissents. Justice John Paul Stevens writes: “One thing… is certain. Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.” Justice Stephen G. Breyer adds that “in this highly politicized matter, the appearance of a split decision runs the risk of undermining the public’s confidence in the court itself.” [Per Curiam (Bush et al v. Gore et al), 12/12/2000; US News and World Report, 12/13/2000; Pittsburgh Post-Gazette, 12/17/2000; Leip, 2008]
Drafting Opinions - After oral arguments concluded the day before, Chief Justice William Rehnquist said that if they were to remand the case back to Florida, that order must go out immediately in light of the approaching deadline for certification of results; Stevens quickly wrote a one-paragraph opinion remanding the case back to Florida and circulated it, though with no real hope that it would be adopted. The five conservative justices are determined to reverse the Florida decision. For the rest of the evening and well into the next day, December 12, the justices work on their opinions. Stevens prepares the main dissent, with the other three liberal justices preparing their own concurrences. Stevens and Justice Ruth Bader Ginsburg find no support whatsoever for the equal-protection argument, and say so in their writings. Justices Breyer and David Souter give the idea some weight; Souter says that the idea of uniform standards is a good one, but these standards should be created and imposed by the Florida judiciary or legislature. Stopping the recounts solves nothing, he writes. It soon becomes apparent that neither Kennedy nor O’Connor share Rehnquist’s ideas on the jurisdiction of the Florida court, and will not join him in that argument. Kennedy writes the bulk of the majority opinion; as predicted, his opinion focuses primarily on the equal-protection clause of the Constitution. The liberal justices and clerks find Kennedy’s reasoning that stopping the recounts is the only way to ensure equal protection entirely unconvincing. Anthony Scalia circulates a sealed memo complaining about the tone of some of the dissents, asking that the dissenters not call into question the Court’s credibility. (His memo prompts Ginsburg to remove a footnote from her dissent commenting on Florida’s disenfranchised African-American voters; some of the liberal clerks see the incident as Ginsburg being bullied into compliance by Scalia. Subsequent investigations show that thousands of legitimate African-Americans were indeed disenfranchised—see November 7, 2000.) Kennedy sends a memo accusing the dissenters of “trashing the Court,” and says that the dissenters actually agree with his equal-protection argument far more than they want to admit. When he has a line inserted into his opinion reading, “Eight Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy,” some of Stevens’s clerks angrily telephone Kennedy’s clerks and accuse them of misrepresenting Stevens’s position. They demand that the line be removed. Kennedy refuses, and Stevens rewrites his opinion so that he is no longer associated with the position. Kennedy is forced to rewrite the statement to say that “seven,” not “eight” justices agree with his position. One of Stevens’s clerks, Eduardo Penalver, tells Kennedy clerk Grant Dixton that what Kennedy had done was disgusting and unprofessional. Breyer and his clerks are also unhappy about Kennedy’s assertion, but take no action. The line prompts many in the media to claim, falsely, that the decision is a 7-2 split and not a 5-4. The main document, a short unsigned opinion halting the recounts, is written by Kennedy. Two portions are particularly notable: Kennedy’s assertion that the ruling applies only to Bush, and not to future decisions; and that the Court had only reluctantly accepted the case. “That infuriated us,” one liberal clerk later recalls. “It was typical Kennedy bullsh_t, aggrandizing the power of the Court while ostensibly wringing his hands about it.” Rehnquist, Scalia, and Justice Clarence Thomas join the decision, though Scalia is unimpressed with Kennedy’s writing and reasoning. Reportedly, he later calls it a “piece of sh_t,” though he will deny making the characterization.
Lack of Consensus - The lack of consensus between the conservative justices is relatively minor. Among the four liberal justices, though, it is quite pronounced—though all four wish not to end the recounts, only Stevens has a strong position and has stayed with it throughout the process. Souter, Ginsburg, and Breyer were far less certain of their opposition, and resultingly, their dissents, unlike the impassioned Stevens dissent, are relatively pallid. Some of the liberal clerks say that the four’s lack of consensus helped the solid conservative majority stay solid: “They gave just enough cover to the five justices and their defenders in the press and academia so that it was impossible to rile up the American people about these five conservative ideologues stealing the election.”
Final Loss - Gore, reading the opinion, finally realizes that he and his campaign never had a chance with the five conservative justices, though they had hoped that either O’Connor or Kennedy would join the four liberals (see (November 29, 2000)). He congratulates his legal team, led by David Boies, and commends it for making it so difficult for the Court to justify its decision. Some reports will circulate that Souter is depressed over the decision, with Newsweek reporting that he later tells a group of Russian judges that the decision was “the most outrageous, indefensible thing” the Court had ever done. He also reportedly says that had he had “one more day,” he could have convinced Kennedy to turn. However, Souter will deny the reports, and those who know him will say that such comments would be out of character for him. For her part, O’Connor will express surprise that anyone could be angry over the decision. As for Scalia, some Court observers believe that his open partisanship during the process will cost him any chance he may have had to be named chief justice. [Vanity Fair, 10/2004]
Entity Tags: David Souter, William Rehnquist, David Boies, Anthony Kennedy, Albert Arnold (“Al”) Gore, Jr., Al Gore presidential campaign 2000, US Supreme Court, Stephen Breyer, Ruth Bader Ginsburg, Clarence Thomas, George W. Bush presidential campaign 2000, George W. Bush, Florida Supreme Court, John Paul Stevens, Grant Dixton, Sandra Day O’Connor, Eduardo Penalver
Timeline Tags: 2000 Elections, Civil Liberties
[Source: Publicity photo]A federal panel chaired by former Governor James Gilmore (R-VA) warns President-elect Bush that the US in vulnerable to terrorist attack and urges him to bolster US preparedness within one year. Gilmore states, “The United States has no coherent, functional national strategy for combating terrorism. The terrorist threat is real, and it is serious.” The panel urges the US counterterrorism effort should be consolidated into one new agency. It further argues the US has no clear counterterrorism program and argues for dozens of special changes at all levels of government. Gilmore says, “We are impelled by the stark realization that a terrorist attack on some level inside our borders is inevitable and the United States must be ready.” The panel also calls for improvement in human intelligence instead of a reliance on technology. [Washington Post, 12/15/2000] The 9/11 Commission will later make many of the same recommendations. However, the Commission will barely mention the Gilmore panel in their report, except to note that Congress appointed the panel and failed to follow through on implementing the recommendations. [9/11 Commission, 7/24/2004, pp. 107, 479]
An orchestrated push in the media begins to make the case for the need to invade Iraq. The San Diego Union-Tribune reprints a Weekly Standard article by William Kristol and Robert Kagan that tells readers (after comparing President Bush favorably to Ronald Reagan, Dwight D. Eisenhower, and Harry Truman, and lauding Bush’s “steely determination”) that US military action “could well be necessary to bring Saddam down.” They write: “At some point, Bush could well find himself confronted by an Iraq armed with weapons of mass destruction. During these past few years, it was relatively easy for congressional Republicans to call for arming and funding the Iraqi opposition. That remains a good idea. But the more sober of Bush’s advisers, like Robert Zoellick and Paul Wolfowitz (see February 18, 1992 and February 27, 2001), have recognized that this alone will not do the trick. Some use of American military force, both from the air and on the ground, could well be necessary to bring Saddam down, no matter how wonderfully the Iraqi opposition performs. Whether he chooses it or not, Bush may quickly be faced with the same decision his father had to make in 1990. He has in his cabinet at least one person who counseled inaction the last time [referring to Secretary of State Colin Powell]. If the crisis comes, Bush, like his father, will not be able to rely only on the judgment of the men and women around him: He will have to act from his own instincts and his own courage.” [Weekly Standard, 1/22/2001; Unger, 2007, pp. 206] In the coming weeks, an onslaught of print and television op-eds and commentaries, some from Bush administration officials, will advocate the overthrow of Hussein (see February 27, 2001, February 16, 2001, April 9, 2001, and July 30, 2001).
After attacking a police station near Tetova and killing a police officer, the NLA releases a number of demands, including a constitutional amendment to declare that Macedonia is a state of both Macedonians and Albanians. Under the current constitution, Macedonia is a state of ethnic or Slavic Macedonians, and is inhabited by several minority groups, such as Albanians. The Albanian government believes 40 percent of the Macedonian population could be ethnically Albanian, while the 1981 Yugoslav census puts the figure at 19.7 percent. Macedonia’s 2002 census will say Albanians are 25.17 percent of the population. The NLA says “the uniform of the Macedonian occupiers will be targeted until the Albanian people is freed,” and also says, “We call upon the Macedonian police to go back to their families, and not waste their lives in the service of illusory Macedonian plans to dominate the Albanian majority.” [Kola, 2003, pp. 298-299, 377; Phillips, 2004, pp. 80]
The media reports that the Bush White House has apparently been victimized by pranks. During the last days of the Clinton administration, some Clinton officials apparently removed the “W” keys from computer keyboards in the White House and in the Old Executive Office Building, in apparent reference to incoming President George W. Bush’s middle initial. An anonymous White House aide says, “There are dozens, if not hundreds, of keyboards with these missing keys,” and adds: “In some cases the W is marked out, but the most prevalent example is the key being removed. In some cases the W keys have been taped on top of the doorways, which are 12 feet tall.” Chris Lehane, the press secretary for former vice president and Democratic presidential candidate Al Gore, jokes: “My guess is that the White House did not have many reasons to use the letter W over the last couple of years. It’s possible they just fell off because of sheer atrophy.” [Los Angeles Times, 1/23/2001] Lehane laughingly tells the Washington Post, “I think the missing W’s can be explained by the vast left-wing conspiracy now at work.” [Salon, 5/23/2001] In the following days, the reports will mushroom from tales of a harmless prank into allegations of serious and systematic vandalism and theft by Clinton officials, becoming what many will call “Vandalgate,” or the “Clinton vandal scandal” (see January 26, 2001). These reports will be proven to be complete fabrications (see February 8, 2001, February 14, 2001, and May 18, 2001), apparently started by Bush officials and embellished by conservative reporters and pundits in order to besmirch the Clinton administration (see January 25, 2001).
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